1 CGHC010268832026 2026:CGHC:30678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1132 of 2026 1 - Surendra Kumar Kashyap S/o- Mukhtiyar Kashyap Aged About 23 Years R/o- Village Negurdih, P.S.- Nawagarh, District- Janjgir-Champa (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer P.S. - Nawagarh, District- Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sangeet Kumar Kushwaha, Advocate For Respondent(s)/State : Mr. Saurabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.82/2026 registered at Police Station – Nawagarh, District- RUCHI YADAV Digitally signed by RUCHI YADAV 2 Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 191(2), 191(3) and 109 of BNS, 2023. 2. As per the prosecution case, on 03.03.2026, the applicant/complainant, Jagram Kashyap, lodged a written report at Police Station Navagarh alleging that on 02.03.2026, at about 10:00 p.m., he received a telephonic call from Sammelal @ Nanu informing him that his son, Aman Kashyap, had been assaulted by the residents of village Negurdih due to a previous enmity and was lying unconscious there. Upon reaching the spot, he found his son lying unconscious. While he was attempting to lift his son, the accused persons, namely, Sharad Kashyap, Mahendra Kashyap, Gautam, Surendra, Bhuru, Bhanju Yadav, Jyotish Kashyap, Vikas Kashyap, Tiharu and other co-accused, allegedly arrived at the spot armed with iron rods, lathis and a sickle, abused the complainant and his family members, and thereafter assaulted him. It is alleged that accused Tiharu assaulted the complainant with a sickle, while Sharad Kashyap, Mahendra Kashyap, Tiharu, Vikas and other co-accused assaulted him with iron rods and lathis and inflicted a blow on his head with the intention to cause his death, as a result of which he fell unconscious. Believing him to be dead, the accused persons fled from the spot. After regaining consciousness, the complainant was taken to the hospital by his family members for medical treatment. On the basis of the aforesaid report, a First Information Report was registered against the accused persons for the offences 3 punishable under Sections 296, 351(3), 191(2) and 109 of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, Section 115(2) of the Bharatiya Nyaya Sanhita, 2023 was also added. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant had no prior acquaintance or enmity with the complainant and was not involved in the alleged incident in any manner. It is further submitted that the applicant is a professional journalist and had visited the hospital only in the discharge of his professional duties after receiving information regarding the incident, for the purpose of collecting information and photographs for news reporting. It is further submitted that no specific overt act has been attributed to the applicant and that the allegations against him are general and omnibus in nature. The FIR does not disclose any distinct role played by the applicant so as to justify his custodial detention. Learned counsel further submits that the present matter arises out of a case and counter- case. It is submitted that Crime No. 81/2026 was also registered on the report lodged by the applicant's side, indicating that both parties sustained injuries during the incident and that the rival versions can only be appreciated upon a full-fledged trial. It is also submitted that the co-accused in the connected counter-case, namely, Pappu @ Avinash Yadav, Atul Yadav, Raja Karsh and Sarvan Bareth, have already been enlarged on regular bail by this 4 Court vide order dated 29.04.2026 passed in MCRC No. 3918 of 2026. The applicant, therefore, claims parity with the said co- accused. Lastly, it is submitted that, subsequent to the registration of the crime, the parties have amicably resolved their dispute and have entered into a compromise. In view of the aforesaid circumstances, it is prayed that the applicant be enlarged on anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the nature and gravity of the allegations, the fact that no specific overt act has been attributed to the present applicant and the allegations against him are general and omnibus in nature, the contention that the applicant is a professional journalist who had visited the hospital in discharge of his professional duties, the fact that the present matter arises out of a case and counter-case, the grant of regular bail to the co-accused in the connected counter-case by this Court vide order dated 29.04.2026 passed in MCRC No. 3918 of 2026, the subsequent compromise entered into between the parties and without expressing any opinion on the merits of the case, I am inclined to allow the present bail application. 5 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Surendra Kumar Kashyap on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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 from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi