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2026 DAILYLAW 24401 (CHH)

SANJAY TANWAR v. STATE OF CHHATTISGARH

MCRCA/1008/2026 · 2026-07-01

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:27290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1008 of 2026 1 - Sanjay Tanwar, S/o Adhar Singh, Aged About 30 Years, Resident Of Village Kodiyaghat Tahsil Pondi Uproda, Tahsil Bango, District Korba C.G. 2 - Ajay Singh, S/o Adhar Singh, Aged About 24 Years, R/o Village Kodiyaghat, Tahsil Pondi Uproda, Tahsil Bango, District Korba C.G. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Bango, District Korba C.G. ... Non-applicant For Applicants : Mr. TP Kaushik, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.03 12:55:05 +0530 2 02.07.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicants who are apprehending their arrest in connection with Crime No.92/2026 (wrongly mentioned as 92/2024) registered at Police Station – Bango, District Korba (C.G.) for the offence punishable under Sections 296, 351(3) and 333 of BNS, 2023. 2. According to the case of the prosecution, on 15.05.2026, complainant Yogesh Kumar Tanwar lodged a report at Police Station Bango stating that on the same day at about 3:30 p.m., the present Applicants along with the co-accused persons, came to his Fair Price Shop, abused him in filthy language and one of the companions of the Applicants allegedly brandished a knife and threatened to kill him. Based on these allegations, the present Applicants have been implicated in the commission of the offence. Hence, this application. 3. Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. He further submits that the Applicants and the complainant are relatives, the present case is a counterblast to the complaint earlier submitted by the 3 Applicants' father before the Superintendent of Police on 23.06.2026. It is submitted that prior to the registration of the present FIR, the complainant party had threatened the Applicants and their friends with dire consequences, including threats to their lives, however, despite the said complaint, no action was taken by the police against the complainant party. It is lastly submitted that trial and investigation is likely to take quite some time, therefore, the Applicants may be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the grant of anticipatory bail to the Applicants. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of the allegations, the facts and circumstances of the case, the contention of the Applicants that they had lodged a prior complaint against the complainant party and without expressing any opinion on the merits of the case, this Court is of the considered opinion that the Applicants have made out a case for grant of anticipatory bail. Accordingly, the application is allowed. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicants – Sanjay Tanwar and Ajay Singh, on executing a personal bond with one 4 surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The Applicant/s 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/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve