1 CGHC010310782026 2026:CGHC:35651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1300 of 2026 1 - Punaram S/o Late Shri Prahlad Markam Aged About 49 Years 2 - Sushil Markam S/o Late Shri Jaykumar Markam Aged About 28 Years 3 - Dev Kumar S/o Shri Jay Pawan Aged About 20 Years 4 - Jaipawan @ Teli S/o Shri Jaigu Aged About 44 Years 5 - Bhagwan Das Markam S/o Shri Yashwant Markam Aged About 26 Years 6 - Bharat Markam S/o Shri Shivcharan Aged About 55 Years 7 - Kulesh Markam S/o Late Shri Jaykumar Markam Aged About 23 Years 8 - Keshar Markam S/o Shri Punaram Markam Aged About 22 Years 9 - Soniya Markam D/o Late Shri Mantiyar Markam Aged About 55 Years 10 - Buggi Sonwani D/o Late Shri Mantiyar Sonwani Aged About 35 Years 11 - Smt. Tulsi Markam W/o Late Shri Jaykumar Aged About 48 Years 12 - Pushpa Markam W/o Shri Punaram Markam Aged About 42 Years 13 - Aarti Markam W/o Shri Punaram Markam Aged About 42 Years 14 - Kiran Markam W/o Shri Sushil Markam Aged About 35 Years 15 - Payal Markam W/o Shri Devkumar Aged About 24 Years 16 - Rubi Netam W/o Late Shri Pappu Aged About 37 Years 17 - Jaykumari Markam D/o Late Shri Prahlad Markam Aged About 60 Years 18 - Ritesh Markam S/o Late Shri Yashwant Markam Aged About 20 Years RUCHI YADAV Digitally signed by RUCHI YADAV 2 19 - Devdas S/o Jaypawan @ Teli Aged About 19 Years 20 - Bhekhram S/o Shri Jaypawan @ Teli Aged About 20 Years 21 - Kush Markam S/o Shri Bharat Markam Aged About 21 Years All are R/o Ward No.- 09, Pithaura Chowk Bagbahra, Thana And Tahsil- Bagbahra, Distt.- Mahasamund (C.G.) ... Applicant(s) versus 1 - The State of Chhattisgarh Through Station House Officer, Police Station- Bagbahra, Distt.- Mahasmaund (C.G.) 2 - Smt. Ahswani Bai W/o Shri Keshav Markam Aged About 43 Years R/o Ward No.- 09, Pithoura Chowk Bagbahra, Thana And Tahsil- Bagbahra, Distt.- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sunil Sahu, Advocate For Respondent(s)/State : Mr. Sourabh Sahu, Panel Lawyer For Objector : None Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 1. This is the first application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the applicants, who apprehend their arrest in connection with Crime No. 136/2026 registered at Police Station Bagbahra, District Mahasamund (C.G.), for the offences punishable under Sections 296, 351, 74, 115(2), 79 and 3 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 5 of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005. 2. The prosecution case, in brief, is that pursuant to an order passed by the learned Judicial Magistrate First Class, Bagbahara, on 06.06.2026 under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, on a complaint filed by the complainant, Crime No. 136/2026 was registered at Police Station Bagbahara against the applicants for the offences punishable under Sections 296, 74, 79, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Chhattisgarh Tonhi Pratadna Nivaran Act, 2005. It is alleged that during the period from 26.04.2025 to 26.11.2025, the applicants subjected the complainant to harassment by branding her as a Tonhi, abused and threatened her, compelled her to leave her residence, and assaulted her while threatening to rape the women and minor girls of her family. Investigation is underway. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that the complainant has suppressed the material fact that, in respect of the same incident and on the same date, applicant No.5 had lodged a counter-report against the complainant and her husband, resulting in registration of Crime No. 268/2025 and thus the matter is essentially a case and counter-case. It is further submitted that the complainant has not approached the Court with clean hands and has suppressed material facts, and that the ingredients of the offences alleged against all the applicants, particularly under Sections 74 and 79 of the BNS, are not prima facie attracted. Accordingly, it is prayed that the applicants be granted anticipatory bail. 4 4. Learned State counsel opposes the application for anticipatory bail and submits that, looking to the nature and gravity of the allegations and the material available in the case diary, no case for grant of anticipatory bail is made out. Accordingly, the application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the entire facts and circumstances of the case, the existence of a counter-case arising out of the same incident and the nature of the allegations and material available on record, without commenting on the merits of the case, this Court is of the considered view that the applicants deserve to be extended the benefit of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of the arrest of the applicants on executing a personal bond with one surety in the like sum to the satisfaction of the Arresting Officer, they shall be released on bail subject to 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 such person from disclosing those facts to the Court. (b) The applicants shall not act in any manner that would be prejudicial to a fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date fixed by the said Court till the disposal of the trial. 5 (d) The applicants and the surety shall submit a copy of their Aadhaar Card along with a coloured postcard-size photograph bearing the printed Aadhaar number thereon, which shall be verified by the trial Court. (e) The applicants shall not involve themselves in any offence of a similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi