1 2026:CGHC:12155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 386 of 2026 • Somil Kesarwani S/o Sambhu Kesarwani Aged About 21 Years R/o Ward No. 07 Vinova Marg Umariya, (M.P) Current Residing-In Front Of Mishri Dev School P.S. Gaurela, District Gaurela-Pendra- Marwahi(Cg) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, P.S. Gaurela, District Gaurela-Pendra- Marwahi(Cg) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shivam Mishra, Advocate For Respondent(s) : Ms. Samiksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/03/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.313/2025 registered at Police Station – Gaurela, District: Gaurela-Pendra-Marvahi, C.G. for the offence punishable under Sections 296, 109(1), 189(1), 190, 115(2) and 3(5) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 02/11/2025, the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.16 17:42:05 +0530 2 complainant Asif Ansari has lodged a report to the effect that on 02/11/2025 at 06:30 pm, he was sitting in his friend's pickup in front of the shop on Venkatnagar Road Sultania, when accused and others came in an auto from Gaurela side and accused got him out of the pickup and started beating him with a stick due to old enmity started beating him with sticks, hands, and while abusing his mother and sister, Due to the beating, he had injuries on his head and both hands from which blood was flowing that the accused with intent to harm complainant image stopped the complainant when she was going somewhere, in night abused and try to outrage her modesty. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case. He further submits that due to some old enmity, the applicant along with two other co-accused allegedly assaulted the injured with sticks and hands, as a result of which the injured sustained injuries on his head and both hands from which blood was flowing. He also submits that the complainant has some criminal antecedents in which he is facing trial. It is further submitted that, as per the MLC report, no grievous injuries have been sustained by the injured. Therefore, he submits that the present application deserves to be allowed and the applicant may kindly be enlarged on bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail and submits that applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, keeping in view that applicant has no criminal antecedents and also considering the nature of injuries received by the injured are simple in nature. I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Somil Kesharwani, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 applicant and the surety shall submit a copy of their 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali