1 CGHC010256162026 2026:CGHC:30683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1103 of 2026 1 - Sajid Khan S/o Jimirulla Khan Aged About 25 Years Resident Of Village Khairtal, District Janjgir-Champa (C.G.) 2 - Aman Kumar Kashyap S/o Jagram Kashyap Aged About 24 Years Resident Of Village Khairtal, District Janjgir-Champa (C.G.) 3 - Dhananjay Kumar S/o Santram Kashyap Aged About 24 Years Resident Of Village Khairtal, District Janjgir-Champa (C.G.) ... Applicants versus State of Chhattisgarh Through- The Station House Officer, Police of Police Station Nawagarh, District Janjgir-Champa (C.G.) ... Non-applicant For Applicants : Mr. Gaurav Singhal, Advocate For Non-applicant/State : Mr. Saurabh Sahu, Panel Lawyer For Complainant/Objector : Ms. Rakshita Mishra, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 81/2026 registered at Police Station – Nawagarh, District Janjgir- Champa (C.G.) for the offence punishable under Sections 296, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 115(2), 351(3), 191(2) and 109 of the Bharatiya Nyaya Sanhtia, 2023. 2. As per the prosecution story, in brief, is that on 02.03.2026, a report was lodged by the complainant, Gautam Yadav, at Police Station Nawagarh alleging that two days prior to the incident, he had advised the accused, Vinay Kashyap, not to communicate with his sister, Deepa Yadav. It is alleged that, on account of the said dispute, on 02.03.2026 at about 7:00 PM near Negurdih Chowk, the applicants along with co-accused persons, in furtherance of their common intention, abused the complainant, chased him and assaulted him with fists, kicks, sticks and a tangi. It is further alleged that when Pankaj Kashyap intervened to pacify the matter, the accused Vinay Kashyap assaulted him with an iron tangi, causing an injury on his head. On the basis of the said report, a crime was registered against the accused persons including present applicants and investigation was set in motion. Hence, the present application seeking anticipatory bail. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the applicants have neither committed nor participated in the alleged offences and have not acted in the manner alleged by the prosecution. It is further submitted that the material collected during investigation does not prima facie disclose sufficient evidence to connect the applicants with the commission of the alleged offences. He further submits that the applicants had 3 merely intervened in the dispute that had arisen between the other accused persons and the injured and did not play any active role in the alleged incident. It is further argued that even if the prosecution story is accepted in its entirety, the specific allegation of assault by means of a tangi is attributed only to co-accused Vinay Kashyap and no such overt act has been assigned to the present applicants. He further points out that four co-accused persons involved in the present case have already been granted regular bail by this Hon’ble Court vide order dated 29.04.2026 passed in MCRC No. 3918/2026, and therefore the applicants are entitled to the benefit of parity. It is also submitted that a counter FIR bearing Crime No. 82/2026 was registered against the complainant party at the instance of the accused side, which clearly indicates that the incident was a result of a free fight between both sides. Subsequently, both parties amicably settled their dispute and executed a compromise deed on 19.03.2026. He also submits that the accused persons in the counter case arising out of Crime No. 82/2026 have also been granted bail by this Hon’ble Court in MCRC Nos. 5065/2026 and 5417/2026 vide common order dated 10.07.2026. In these circumstances, considering the nature of allegations, it is prayed that the applicants be granted the benefit of 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. 4 5. Learned counsel for the complainant appeared and expressed no objection before this Court regarding the granting of anticipatory bail to the present applicants. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature of allegations levelled against the present applicants, the fact that no specific overt act causing grievous injury has been attributed to them, and the prosecution case itself indicating that the allegation of assault with the tangi is specifically against co-accused Vinay Kashyap and further, this Court has also taken into consideration that several co-accused persons involved in the same incident have already been granted regular bail by this Court vide order dated 29.04.2026 passed in MCRC No. 3918/2026 and that the accused persons in the counter case arising out of Crime No. 82/2026 have also been granted bail by this Court in MCRC Nos. 5065/2026 and 5417/2026 vide order dated 10.07.2026. The existence of the counter FIR further indicates that the incident arose out of a dispute between both sides. It is also noteworthy that the parties have amicably resolved their dispute and executed a compromise deed, and the injured/complainant side has no objection if the applicants are granted the benefit of anticipatory bail. Therefore, considering the principle of parity, the compromise arrived at between the parties, and without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the applicants. 5 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Sajid Khan, Aman Kumar Kashyap, and Dhananjay Kumar, 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 with the facts of the case so as to dissuade them 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 them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan