1 CGHC010254392026 2026:CGHC:30242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1082 of 2026 1 - Shiv Kumar S/o Late Sri Maniram Rathore Aged About 60 Years R/o House No.1159, Ward No.18, Gatoura, Distt. Bilaspur, Chhattisgarh. 2 - Ashish Kumar Rathore S/o Shiv Kumar Rathore Aged About 28 Years R/o House No.1159, Ward No.18, Gatoura, Distt. Bilaspur, Chhattisgarh. 3 - Abhishek Kumar Rathore S/o Shiv Kumar Rathore Aged About 27 Years R/o House No. 1159, Ward No.18, Gatoura, Distt. Bilaspur, Chhattisgarh. Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Masturi, Distt. Bilaspur, Chhattisgarh. Respondent(s) For Applicant (s) : Mr. Bhaskar Payashi, Advocate For Respondent(s) : Mr. Shailendra Sharma, PL For Objector : Mr. Pranjal Agrawal, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2026 Digitally signed by R NIRALA 2 1. This is the first bail application filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.302/2026, registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 109 & 3 (5) of BNS. 2. The case of the prosecution, in brief, is that the applicants party assaulted the complainant party, who are brothers in relations with respect to dispute relating to property, out of which the complainant party sustained injuries. The applicants also sustained injuries and both sides filed case against each other. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in crime in question. He further submitted that from the site of prosecution, two persons namely Suresh Rathore and Ramkishore Rathore are stated to have suffered injuries, but the x-ray report shows that small injuries were found on non vital part of the said persons and no internal damage has been caused. He further submits that all the 3 applicants suffered grievous injuries caused by the complainant party and the FIR which has been lodged by the side of the applicants is registered only for bailable offence against the complainant party and subsequently Section 109 of BNS has been added. Therefore, under these circumstances, the applicants may be enlarged on anticipatory bail. 3 4. Learned counsel for the objector vehementally opposes the submission made by the applicants’ counsel and submits that the complainant party namely Suresh Rathore and Ramkishore Rathore have suffered grievous injuries which have been caused by the applicants, whereas during scuffle the applicants have only received minor injuries. Therefore, the applicants may not be enlarged on anticipatory bail. 5. Learned State counsel opposes the bail application of the applicants. 6. I have heard learned counsel for the parties and perused all the documents available on record. 7. Considering the facts & circumstances of the case, gravity of the offence and nature of allegation levelled against the present applicants and for the fact that the applicants have also suffered injuries, therefore, without commenting further anything on merits, I am inclined to grant anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants Shiv Kumar, Ashish Kumar Rathore and Abhishek Kumar Rathore, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- “(a) the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted 4 with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. (b) the applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) the applicants shall appear before the trial Court on each and every date given to him/her by the said Court till disposal of the trial. (d) the applicants 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) the applicants shall not involve themselves in any offence of similar nature in future.” Sd/- (Ramesh Sinha) Chief Justice Nirala