1 CGHC010272522026 2026:CGHC:32365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1190 of 2026 1 - Kamal Nayan Tiwari S/o Madhaw Prasad Tiwari, Aged About 32 Years R/o Village Bhainsatal, Thana-Kelhari, District M.C.B. (C.G.) 2 - Laxmikant Tiwari, S/o Madhaw Prasad Tiwari, Aged About 31 Years R/o Village Bhainsatal, Thana- Kelhari, District M.C.B. (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through Police Station - Kelhari, Distt. M.C.B. (C.G.) Respondent(s) For Applicant (s) : Ms. Anjali Pradhan, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 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.45/2026, registered at Police Station Kelhari, Digitally signed by R NIRALA 2 District M.C.B. (C.G.) for the offence punishable under Sections 308 (2) & 3 (5) of BNS. 2. The case of the prosecution, in brief, is that the complainant filed a written complaint alleging that the applicants demanded illegal extortion of Rs.5000/- per month for allowing sand lifting work at Kevai River and threatened them with false implication. Thereafter a case was registered against the accused. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in crime in question. The applicants had already lodged a complaint against the complainants at the Police Station Kelhari prior to the present FIR registered against the applicants, as such the present FIR is a counterblast to the complaint filed by the applicants. She further submits that in the said counter case filed by the applicants, the accused persons have already been granted anticipatory bail by this Court vide order dated 07.07.2026 in MCRCA No.1038/2026. Therefore, under these circumstances, the applicants may kindly be released on anticipatory bail. 4. Learned State counsel opposes the bail application of the applicants and submits that there are 8 criminal antecedents against the applicants, 7 under the Istgasa and one under the IPC, as such the applicants are the habitual offender. Therefore, the applicants may not be enlarged on anticipatory bail. 3 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Considering the facts & circumstances of the case, nature of allegation levelled against the present applicants and for the fact that the counter case was also filed by the applicants against the complainant party and in the said counter case, the accused persons therein have already been granted anticipatory bail by this Court vide order dated 07.07.2026 in MCRCA No.1038/2026, therefore, without commenting anything on merits of the case, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants Kamal Nayan Tiwari and Laxmikant Tiwari, 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 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. 4 (e) the applicants shall not involve themselves in any offence of similar nature in future.” Sd/- (Ramesh Sinha) Chief Justice Nirala