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2026 DAILYLAW 26426 (CHH)

HARMEET SINGH KHANUJA v. STATE OF CHHATTISGARH

MCRCA/1071/2026 · 2026-07-12

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Judgment text

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1 CGHC010263972026 2026:CGHC:29341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1071 of 2026 Harmeet Singh Khanuja S/o Shri Jaspal Singh Khanuja Aged About 42 Years R/o Rameshwari Mandir Parisar, Infront Of Railway Station, P.S. Mahasamund, Tehsil And Distt. Mahasamund, Chhattisgarh. Presently R/o Lavista Colony, 118 Amlidih, Raipur, Tehsil And Distt. Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Mahasamund, Distt. Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Surfaraj Khan, Advocate. For Non-applicant/State : M. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.07.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.14 10:49:03 +0530 2 the Applicant who is apprehending his arrest in connection with Crime No.185/2024 registered at Police Station – Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 294, 323, 506 and 326/34 IPC. 2. As per the prosecution case, on a complaint of Dheeraj Sarfaraz, an offence under Sections 294, 323, 506, 326 and 34 of the IPC was registered at Police Station Mahasamund. It is alleged that on 16.04.2024, when the complainant and his family members had gone to Kesariya Dhaba, a dispute arose between them and the Dhaba employees regarding playing cricket in the parking area. It is further alleged that the Dhaba owner and other accused persons assaulted the complainant party with fists, kicks, sword, rod and sticks. The present Applicant allegedly assaulted the complainant with a sword, causing injury on his right leg and also threatened him. During investigation, the role of the Applicant has surfaced as one of the main accused, based on which, the aforementioned offences have been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case on the basis of omnibus and general allegations, without attributing any specific overt act to him. It is contended that 3 the Applicant is the brother of the owner of Kesariya Dhaba and has no personal enmity or prior dispute with the complainant party. He further submits that a counter FIR No.184/2024 has also been registered by the Dhaba owner against the complainant party, in which the accused persons namely Dheeraj Sarfaraz and Sahil Sarfaraz have already been granted anticipatory bail by this Court vide orders dated 13.08.2025 passed in MCRCA No.1233/2025 and dated 12.06.2024 passed in MCRCA No.600/2024 respectively. It is further submitted that co-accused Dharmendra Kumar Yadav has also been granted anticipatory bail vide order dated 30.06.2026 passed in MCRCA No.973/2026 and therefore, the Applicant is entitled to the benefit of parity. 4. On the other hand, learned State Counsel opposes the grant of anticipatory bail to the Applicant and submits there is one previous criminal antecedent against the present Applicant. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the fact that the Applicant has been implicated on the basis of general allegations without any specific overt act, the fact that the Applicant is the brother of the owner of Kesariya Dhaba and has no alleged personal dispute with the complainant party, the fact that co-accused Dheeraj Sarfaraz and Sahil Sarfaraz 4 in the counter case have already been granted anticipatory bail by this Court vide orders dated 13.08.2025 passed in MCRCA No.1233/2025 and dated 12.06.2024 passed in MCRCA No.600/2024 respectively, and co-accused Dharmendra Kumar Yadav has also been granted anticipatory bail vide order dated 30.06.2026 passed in MCRCA No.973/2026, considering the principle of parity and without expressing any opinion on the merits of the case, this Court is of the considered opinion that it is a fit case to grant the benefit of anticipatory bail to the Applicant. 6. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Harmeet Singh Khanuja, on executing a personal bond with 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/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 5 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 Priya