Extracted from the PDF above. The PDF is authoritative.
1
CGHC010287762026
2026:CGHC:32966
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1218 of 2026 1 - Sukhidram Sahu S/o Dukalu Sahu Aged About 20 Years R/o Village- Sambalpur, Post- Chakarbhata, P.S. City Kotwali, Mungeli And Dist.- Mungeli. 2 - Chhoturam Sahu S/o Dukalu Sahu Aged About 25 Years R/o Village- Sambalpur, Post- Chakarbhata, P.S. City Kotwali, Mungeli And Dist.- Mungeli. ...Applicants
versus State Of Chhattisgarh Through S.H.O. Of Police Station- City Kotwali, Mungeli, Dist. Mungeli (Chhattisgarh) ... Respondent
For Applicants : Mr. Pallav Misha, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 30.07.2026
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who are apprehending their arrest in connection with Crime No. 123/2026 registered at Police Station – City Kotwali, Mungeli, District Mungeli VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.31 10:47:45 +0530
2 (C.G.) for the offences punishable under Sections 296, 115(2), 351(3), 118(1) and 3(5) of the BNS. 2. The prosecution story in brief is that, on 27.04.2026, the complainant namely Suryawati lodged written complaint alleging that, on 26.04.2026 at about 10 P.M., Shani Patel, Aakash Patel, Chandrawati Patel (i.e. applicant no. 1 to 3) residents of Village Parsdiha, were came when she was sitting in her brother's Courtyard (Aangan) and started abusing her with filthy language and saying that you have filed a case against us. They removed her sari with the intention of dishonoring her and beat her with stick and snatched her mobile and broke it, during the same time her neck chain fell off. After that, the complainant lodged First Information Report for offence punishable under Section 296, 115(2), 351(3), 74, 333, 324(2) & 3(5) of B.N.S.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, as they have not committed the alleged offence. It is further submitted that no weapon, club or any other incriminating article has been seized from the possession of the applicants, and in the absence of any such seizure, the prosecution case against them is not supported by any cogent material. Learned counsel further submits that there is previous enmity between the parties, and therefore, the statements of the alleged victims require careful scrutiny in the absence of independent and corroborative material. It is also submitted that the offences alleged against the applicants are punishable with imprisonment up to seven years and, being permanent residents of the addresses mentioned in the cause title, there is no likelihood of
3 their absconding or tampering with the prosecution witnesses. The applicants are ready and willing to appear before the Investigating Officer as and when directed and undertake to abide by all the terms and conditions that may be imposed by this Hon’ble Court. On these grounds, learned counsel prays that the applicants may kindly be granted the benefit of bail. 4.
On the other hand, learned State counsel opposed the anticipatory bail application of the applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the
submissions advanced by learned counsel for the parties, the fact that the present case arises out of the same incident in respect of which a cross-case has also been registered at the instance of the applicant, coupled with the fact that injuries have been sustained by both sides, and further considering the nature of the allegations and the material available on record, without expressing any opinion on the merits of the case, this Court is of the considered view that the applicants have made out a fit case for grant of anticipatory bail. Accordingly, the application is allowed.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Sukhidram Sahu & Chhoturam Sahu, on executing a personal bond and one local surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They shall not directly or indirectly make any
4 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) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 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) they shall not involve them in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav