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2026 DAILYLAW 22204 (CHH)

DHAN KUMAR v. STATE OF CHHATTISGARH

MCRCA/878/2026 · 2026-06-17

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Judgment text

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1 2026:CGHC:24802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 878 of 2026 1 - Dhan Kumar S/o Jhaduram Navrang Aged About 60 Years R/o Village Mudpar, Chowki-Sambalpur, Police Station Nawagarh, District Bemetara, Chhattisgarh 2 - Manish S/o Dhan Kumar Navrang Aged About 25 Years R/o Village Mudpar, Chowki-Sambalpur, Police Station Nawagarh, District Bemetara, Chhattisgarh 3 - Chandraprakash S/o Dukal Das Navrang Aged About 35 Years R/o Village Mudpar, Chowki-Sambalpur, Police Station Nawagarh, District Bemetara, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Nawagarh, District Bemetara, Chhattisgarh ... Respondent For Applicants : Mr. Amit Kumar Sahu, Advocate. For Non-applicant/State : Mr. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.19 11:19:53 +0530 2 are apprehending their arrest in connection with Crime No.122/2026 registered at Police Station – Nawagarh, District Bemetara (C.G.) for the offences punishable under Sections 109(1), 296 & 3(5) of the BNS 2023. 2. The prosecution story, in brief is that, on 15-05-2026 the applicants in association with each otherand committed mar pit with the complainant by stick and rod and used filthy language, on account of this he found several injury on his body, on this basis the crime has been registered and the matter is under investigation, the applicants had filed an anticipatory bail application before learned court below which has been dismissed. Hence, this application. 3. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the present case. It is contended that the complainant himself was under the influence of liquor, abused the applicants in filthy language, threatened them with dire consequences and, in the course of the incident, sustained injuries on his own, regarding which Applicant No. 1 had already lodged a written report before the concerned authorities. It is further submitted that the applicants neither committed any overt act against the complainant nor caused any injury to him and, in any case, the injuries sustained are simple in nature; therefore, the offence punishable under Section 109 of the BNS is not attracted. It is also argued that Applicant No. 1 is an elderly person who neither participated in nor committed any offence, while the other applicants, being his relatives, have been roped in falsely without any specific role being attributed to them. The applicants are respectable persons of the locality and have been 3 maliciously implicated by the complainant, who has misused his position as Kotwar with an intention to tarnish their reputation. The applicants are permanent residents of the address mentioned in the cause title, there is no likelihood of their absconding or tampering with the prosecution evidence, and they are ready and willing to furnish adequate sureties and abide by all such terms and conditions as may be imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, the material available on record, and the nature of the injuries sustained by the injured, which appear to be simple in nature, therefore, without expressing any opinion on the merits of the case, this Court finds it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Dhan Kumar, Manish & Chandraprakash on executing a personal bond and one local surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. 4 (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicants and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav