Extracted from the PDF above. The PDF is authoritative.
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CGHC010275682026
2026:CGHC:31501
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1165 of 2026 Ashwani Kumar Sahu S/o Shri Laxmi Prasad Sahu Aged About 25 Years Old R/o Quarter M Type 299, Vikash Nagar, Kusmunda, District- Korba, Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Police Station Kusmunda, District- Korba, Chhattisgarh
... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 23.07.2026
1. The Applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.29/2026, registered at Police Station – Kusmunda, District Korba (C.G.) for alleged SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.23 18:20:47 +0530
2 commission of offences punishable under Sections 115(2), 296, 331(5), 351(2), 191(3) and 118(2) of BNS.
2. The prosecution case, in brief, is that on 04.02.2026, complainant Smt. Chhatbai lodged a report stating that owing to an earlier quarrel on 31.01.2026 between her son Rupesh and Mona along with her two brothers, at about 2:00 a.m. on the intervening night, the present Applicant and other accused persons namely Mayank Sahu, Faizan, Shaurya Das and Sandeep, allegedly trespassed into her house after breaking open the door, abused the complainant and her family in filthy language for reporting the earlier incident to the police, threatened them with dire consequences and assaulted her sons Rupesh Yadav and Ritesh Yadav with an iron rod and sticks. It is further alleged that when the complainant and her husband intervened, they were also pushed and manhandled. On hearing their cries, the neighbours informed Dial-112, following which the injured were admitted to the District Hospital, Korba. During investigation, the statements of the injured persons were recorded, who reiterated the allegations against the accused persons. Despite repeated attempts to apprehend them, the accused persons have allegedly been absconding since the date of the incident. Based on these allegations, the offences
3 as mentioned above, were registered against the present Applicant.
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 has not been named in the FIR and no specific role or overt act has been attributed to him therein, his implication during the course of investigation is a mere afterthought without any credible or independent material and solely on account of his relationship with the principal accused, Mayank Sahu. It is further submitted that the present case arises out of a case and counter-case, both sides having sustained injuries in the incident, an FIR was also lodged from the side of the Applicant against the complainant party, wherein only bailable offences have been registered, which indicates that the incident was a free fight between the rival groups. It is further submitted that the Applicant has no criminal antecedents, is a law student whose examinations are in progress and his arrest would seriously prejudice his academic career. He lastly submits that trial is likely to take quite considerable time for its conclusion, therefore, the present Applicant may be granted the benefit of anticipatory bail. 4
4. On the other hand, learned State Counsel opposes the application and submits that though the Applicant was not named in the FIR, his involvement has surfaced during the course of investigation, including in the memorandum statement of the co-accused and the statements of the injured witnesses. It is further submitted that two persons sustained injuries in the incident, one of whom suffered multiple injuries, including a head injury and multiple lacerated wounds and remained hospitalized for 11 days. It is contended that the injuries were caused by an iron rod and considering the nature and gravity of the allegations, the Applicant is not entitled to the benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature and gravity of the allegations, the fact that two persons sustained injuries in the incident, one of whom suffered multiple injuries, including a head injury, remained hospitalized for 11 days and the injuries are alleged to have been caused by an iron rod, this Court is not inclined to
5 extend the extraordinary discretionary relief of anticipatory bail to the Applicant. 7.
7. Accordingly, the Anticipatory Bail application of the Applicant – Ashwani Kumar Sahu, filed under Section 482 of the BNSS, 2023 in connection with Crime No.29/2026, registered at Police Station – Kusmunda, District Korba (C.G.) for alleged commission of offence punishable under Sections 115(2), 296, 331(5), 351(2), 191(3) and 118(2) of BNS, is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya