1 CGHC010315192026 2026:CGHC:36360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1326 of 2026 Chaitan Alias Monu Nishad S/o Late Santosh Aged About 24 Years R/o Fuljhariyapara Sarangarh, Police Station And Tehsil Sarangarh, District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District- Sarangarh- Bilaigarh (C.G.) ... Non-Applicant For Applicant : Shri Aman Tamboli, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.325/2026, registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for alleged commission of offence punishable under Sections 109 (1), 115 (2), 296, 3 (5), KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.17 16:11:26 +0530 2 351 (3), 190, 191 (2) & 191 (3) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. As per the case of the prosecution, complainant namely Ravi Tiwari lodged an FIR alleging that accused persons Sonu Yadav and Hani Chitta were abusing and assaulting a truck driver and when he interrupted, he was abused with filthy language by those two accused persons and they started beating him and his friend namely Kishan Gupta. All of a sudden accused Sonu Yadav took out a sharp edged weapon like knife and attacked him. It is alleged that the other co-accused persons were called by Sonu Yadav and it is alleged that the other co-accused persons have beaten him with belt and wooden rod. It is the case of prosecution against the applicant that his name has been disclosed by the co- accused Sonu Yadav in his memorandum statement. The present applicant has not been named in the FIR. It is based on these allegations that the applicant is apprehending his arrest in the aforesaid crime. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the applicant was not present on the spot. Since there were exchange of calls between accused Sonu Yadav and the applicant, the applicant has been implicated with oblique purposes. He had never gone to the spot. The applicant is working in an auto-parts shop and he was called by the accused Sonu Yadav who told him on phone that his bike was not starting 3 but the applicant refused to go to him stating that he had a lot of works in the shop. Merely because there were some phone calls between the accused persons and the applicant, the applicant has been implicated in the present case. There is no substantive evidence against the applicant. There is no material allegation against the applicant. Even as per the contents of the FIR the main allegation of causing hurt by knife is against the accused Sonu Yadav. The applicant has not been named in the FIR. The applicant has the responsibility to look after her old and ailing mother. After the sad demise of his father, her mother remains frequently unwell and his elder brother resides separately and the applicant alone is responsible to maintain his mother. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. He submitted that the accused persons have assaulted on the head of the complainant because of which the complainant received injuries on his right hand whereas the other accused persons have also assaulted the complainant and Kishan Gupta and caused several injuries to them. Therefore, the bail application may be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that on being called by main accused Sonu 4 Yadav, he reached the place of incident and took part in the assault with other co-accused persons and caused several injuries to the complainant and Kishan Gupta, and the manner in which the offence has been committed, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Chaitan Alias Monu Nishad, involved in Crime No.325/2026, registered at Police Station Sarangarh, District Sarangarh- Bilaigarh (C.G.) for alleged commission of offence punishable under Sections 109 (1), 115 (2), 296, 3 (5), 351 (3), 190, 191 (2) & 191 (3) of the BNS, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice Barve