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2026 DAILYLAW 24046 (CHH)

SAMIR KURRE v. STATE OF CHHATTISGARH

MCRCA/971/2026 · 2026-06-29

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Judgment text

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1 2026:CGHC:26625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 971 of 2026 Samir Kurre S/o Late Rajju Kurre Aged About 19 Years R/o Vill- Singarpur, P.S. Bhatapara Gamin Distt- Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Bhatapara Gamin Distt- Balodabazar- Bhatapara (C.G.) ... Non-Applicant For Applicant : Shri Anchal Kumar Matre, Advocate. For Non-Applicant : Miss Anusha Naik, Deputy GA. 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.207/2026, registered at P.S. Bhatapara Gamin Distt- Balodabazar- Bhatapara for alleged commission of offence punishable under Sections 109, 296, 3(5), 324(2) & 331 (6) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.01 16:39:13 +0530 2 2. As per the case of the prosecution, on 27.04.2026, the complainant reported that the applicant, along with the co- accused, assaulted his brother, Daulat Ram Sahu, with sticks after a dispute arose when Bhuneshwar Sahu objected to their consumption of liquor. It is alleged that the accused abused the victims in filthy language, threatened them with dire consequences, and inflicted a grievous head injury on Daulat Ram while also causing injuries to Ashok Bandhe, who intervened to rescue them. The injured was initially treated locally and thereafter shifted to a hospital at Bilaspur for further treatment. During the course of investigation, it was further alleged that the applicant and the co-accused trespassed into the house of witness Bhuneshwar Sahu, damaged the closed door, and attempted to assault him during the night with the intention of causing injuries, leading to the addition of offences under Sections 324(2) and 331(6) of the Bharatiya Nyaya Sanhita. Accordingly, an FIR was registered against the applicant and the co-accused under the relevant provisions of the Bharatiya Nyaya Sanhita, and the investigation is in progress. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that due to previous monetary transactions and financial disputes between the applicant and the complainant, the incident has happened. The applicant had earlier advanced money to the complainant, and when he demanded repayment of 3 the said amount, the present false FIR was lodged with an oblique motive to pressurize and harass the applicant. In fact, the alleged incident had occurred between the complainant and some other persons of the same village on account of objections raised against the complainant's illegal liquor business, and the applicant has been unnecessarily roped into the case. He also submits that it has come on record that the injured/complainant party was himself engaged in the sale and distribution of illicit liquor from his residence, and the alleged occurrence is stated to have arisen out of a dispute relating to the consumption of liquor. The prosecution has deliberately suppressed the true genesis and manner of the incident and has failed to present the complete and correct facts before the Investigating Agency as well as this Court. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicant along with the co-accused, assaulted the complainant's brother, Daulat Ram Sahu, with a stick, causing grievous injuries on his head, and also assaulted Ashok Bandhe when he intervened, there are two more injured who sustained injuries, therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the nature and gravity of the allegations, the material collected during investigation, and the case diary, this Court is of the prima facie opinion that the applicant, along with the co- accused, assaulted the injured with a stick, causing grievous injuries on his head, and thereafter also criminally trespassed into the house of a prosecution witness, damaged the property, and attempted to assault him. The medical records reveal that the injured remained hospitalized for several days, indicating the seriousness of the injuries sustained. At this stage, there is sufficient prima facie material connecting the applicant with the alleged offences, and the pleas raised by the applicant pertain to disputed questions of fact, which can be adjudicated only during trial after appreciation of evidence. Considering the seriousness of the allegations, the nature of the injuries, the stage of investigation, and the overall facts and circumstances of the case, this Court does not find it to be a fit case for grant of anticipatory bail 7. Accordingly, the anticipatory bail application of the applicant - Samir Kurre, involved in Crime No.207/2026, registered at P.S. Bhatapara Gamin Distt- Balodabazar- Bhatapara for alleged commission of offence punishable under Sections 109, 296, 3(5), 324(2) & 331 (6) of the BNS, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice Barve