Extracted from the PDF above. The PDF is authoritative.
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CGHC010283292026
2026:CGHC:32086
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1174 of 2026 Gujraj Sonwani S/o Shambhu Soni Aged About 58 Years R/o Village And Post Dandgaon, Post Bhatgaon, Police Station Pathariya, District : Mungeli, Chhattisgarh ... Applicant
versus State Of Chhattisgarh Through Station House Officer Police Station Pathariya, District : Mungeli, Chhattisgarh ... Respondent For Applicant : Mr. Jitendra Banjara and Mr. Dileshwar Joshi, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 27.07.2026
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.116/2026 registered at Police Station – Pathariya, District : Mungeli C.G for the offences punishable under Sections 296, 115(2), 351(3), 109 & 191(2) of the IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.28 12:14:15 +0530
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2. Case of the prosecution in brief is that, the complainant Prem Bhargav lodged the report before the Police Station alleging that on dated 12.05.2026 at about 10-11:00 AM dispute arose between the complainant and accused persons namely Anantram, Prakash Sonwani, Gujraj & Harsh, it is further alleged that at about 7-8 PM aforesaid accused persons reach the house of complainant and abuse, assaulted by iron rod, knife and bottle result of which the complainant receive head injury, it is further alleged that the accused person threatened the complainant to kill him, it is alleged that present applicant is one of the accused person. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. IIt is contended that, as per the prosecution story itself, the dispute was initiated by the complainant party, who acted aggressively and assaulted the accused persons. It is further submitted that the incident gave rise to a cross- case, wherein the accused persons sustained grievous injuries and lodged a report, pursuant to which FIR bearing Crime No. 117/2026 was registered against the complainant party. Despite the complainant party allegedly assaulting the accused persons with deadly weapons, the police registered only a minor and bailable offence against them, thereby demonstrating a biased and unfair investigation.
It is argued that the present applicant sustained serious injuries during the incident, including damage to his ear requiring surgical intervention, multiple injuries all over his body caused by an iron rod, and serious internal head injuries as revealed by the MRI report, for which he remained hospitalized. The medical documents and photographs substantiating these injuries have been placed on record. It is further submitted that
3 although the applicant initially approached the police for registration of his complaint, no prompt action was taken, and the FIR against the complainant party was registered only thereafter, allegedly because the complainant enjoys political influence. Learned counsel also submits that the co-accused, namely Anantram Sonwani, has already been enlarged on bail by this Hon'ble Court in M.CR.C.(A) No. 1079/2026, and therefore, on the ground of parity, therefore, he is entitled to the grant of anticipatory bail. 4. Learned State Counsel opposes the bail application and submits that the present applicant is specifically named in the FIR and actively participated in the incident. It is submitted that the applicant, along with the co-accused, assaulted the complainant with an iron rod, knife, and bottle, causing head injuries, and also threatened to kill him. Considering the specific allegations, the gravity of the offence, and the material collected during investigation, therefore, he is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6.
Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the material available on record, and in view of the fact that the similarly situated co-accused, namely Anantram Sonwani @ Soni, has already been granted anticipatory bail by this Court in MCRCA No. 1079/2026 vide order dated 13.07.2026, this Court finds that the present applicant is entitled to the benefit of parity, without making any
4 further comment on the merits of the case, this Court deems it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gujraj Sonwani, on executing a personal bond and one local 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 appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav