GANPA SHRIWAS @ SANTOSHI BAI SHRIWAS v. STATE OF CHHATTISGARH
MCRCA/958/2026 · 2026-06-28
body2026
DailyLaw.ai
[ 2026 DAILYLAW 23674 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23674 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26373
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 958 of 2026 Ganpa Shriwas @ Santoshi Bai Shriwas W/o- Dilharan Shriwas, Aged About 50 Years R/o- Village Khaiyapara, Post Malhar, Police Chauki Malhar, Police Station Masturi, District- Bilaspur (C.G.) ... Applicant
versus State Of Chhattisgarh Through- Police Station Masturi, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Shashank Upadhyay, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 29.06.2026
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. 272/2026 registered at Police Station – Masturi, District - Bilaspur (C.G.) for the offences punishable under Sections 118(1), 296, 351(3) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.30 10:49:14 +0530
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2. The prosecution story, in brief is that, the Complainant namely Rupchandra Kenwat lodge complaint that, on 04.05.2026 at time 08:00 PM his brother/victim namely Rupesh and applicant were having orally fight in the name of purchasing of coconuts. Then son of applicant namely Gyan Lucky Shriwas came and attacked to victim with a scissor like knife and victim sustained injuries on his lip and arm. On the basis of complaint crime no. 272/2026 under section 118(1), 296, 351(3), 3(5) of the BNS 2023 was registered against Gyan @ Lucky Shriwas and present applicant. Later, during the investigation section 118(2) has been added in the matter. Therefore, applicant is apprehending her arrest in connection with said crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that She has neither committed any offence nor acted in the manner alleged by the prosecution. The applicant has not assaulted the victim, has not caused any injury, and has not committed any act in furtherance of any alleged common intention. A bare perusal of the FIR reveals that no specific or overt allegation has been made against the present applicant by the complainant. The applicant is a 50-year-old lady having an unblemished reputation in society, and her arrest would cause irreparable harm to her dignity, reputation, and social standing, besides subjecting her family to immense hardship and affecting their livelihood.
The applicant is a permanent resident of the address mentioned in the cause title of the application, has deep roots in society, and there is no likelihood of her absconding or tampering with the prosecution witnesses. She is ready and willing to cooperate with the investigation and to abide by all such terms and conditions as may
3 be imposed by this Hon'ble Court while granting anticipatory bail. The applicant further craves leave of this Hon'ble Court to urge such other grounds as may be necessary at the time of hearing. In these circumstances, the applicant is entitled to the discretionary relief of anticipatory bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application. 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, and the material available on record, this Court finds that the prosecution case itself attributes the act of assault upon the victim to the co-accused, who is the applicant's son. No specific allegation of causing injuries has been levelled against the present applicant. The role attributed to the applicant is, therefore, distinct and clearly distinguishable from that of the co-accused alleged to have inflicted the injuries. Consequently, without expressing any opinion on the merits of the case, this Court finds it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ganpa Shriwas @ Santoshi Bai Shriwas, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) she shall not directly or indirectly make any inducement, threat or promise to any person
4 acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.
(b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she 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 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav