AKASH SHARMA @ ANIL SHARMA v. STATE OF CHHATTISGARH
MCRCA/976/2026 · 2026-06-29
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[ 2026 DAILYLAW 23931 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23931 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26622
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 976 of 2026 Akash Sharma @ Anil Sharma S/o Shri Mannu Sharma Aged About 33 Years ( 28 Years Wrongly Mentioned In The Cause Title Of The Order Sheet), R/o Deorikhurd, Near Old Power House, Police Station Torwa, District- Bilaspur (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Torwa, District- Bilaspur (C.G.)
... Respondent For Applicant : Shri Keshav Dewangan, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 30/06/2026
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.280/2026 registered at Police Station Torwa, District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 105, 3(5) of Bharatiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.01 12:52:24 +0530
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2. Case of the prosecution, in brief, is that on 29.05.2026, the Constable Yashwant Kashyap who is posted in CIMS Chowki, Bilaspur given the information to the Police Station Torwa regarding the death of Ishwar Gond S/o Jethu Gond. In the said information, the Sub-Inspector of Police Station - Torwa registered the merg and investigated the matter and during investigation he received the P.M. Report and has found that on the date of incident, due to threatening by the co-accused Manoj Wadekar and Pratyunna Shaha, the deceased suffered injuries in his body parts and during treatment, he died in the hospital. That, thereafter, the concerned police registered the FIR against the co- accused Manoj Wadekar and others under Sections 105, 3(5) of Bharatiya Nyaya Sanhita, 2023 and arrested the co-accused Manoj Wadekar and Pratyunna Shaha and after recording the memorandum statements of both the accused, the concerned police, added the name of present applicant in the said crime.
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Learned counsel for the applicant submits that the allegation is against two co-accused persons Manoj Wadekar and Pratyunna Shaha for causing death of the deceased and name of the applicant has come into light in the memorandum statement of said two co-accused. He would submit that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, applicant is a permanent resident of address mentioned in the cause title and there is no chance of his absconding, therefore he prays to enlarge the applicant on anticipatory bail.
4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submitted that as per the postmortem report of
3 the deceased, the deceased has received as many as 11 antemortem injuries on his person. She would submit that it transpires from the bail rejection order that the deceased died because of the antemortem injuries received.
5. I have heard learned counsel for the parties and perused the materials available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, further the fact that present applicant has been implicated during the course of investigation on the basis of the memorandum statements of the co- accused persons, the allegations relate to a serious offence resulting in the death of the deceased, the investigation is still in progress and the role of the applicant requires thorough investigation. Considering the nature and gravity of the allegations, this Court is not inclined to extend the benefit of anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant - Akash Sharma @ Anil Sharma, involved in Crime No.280/2026 registered at Police Station Torwa, District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 105, 3(5) of Bharatiya Nyaya Sanhita, 2023 is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha)
Chief Justice gouri