1 CGHC010310682026 2026:CGHC:37172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1342 of 2026 1 - Ashish Gwal S/o Sohan Gwal Aged About 51 Years Resident of Ward No. 4, Singpur Magarlod, Police Station Magarlod, District Dhamtari (C.G.) 2 - Nimesh Clive S/o Sanjay Clive Aged About 37 Years Resident of Ward No. 15, Bagbahara, Police Station Bagbahara, District Mahasamund (C.G.) … Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Bagbahara, District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Hemant Kesharwani, Advocate For Respondent(s)/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.08.2026 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. RUCHI YADAV Digitally signed by RUCHI YADAV 2 128/2026, registered at Police Station Bagbahara, District Mahasamund (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 3(5), 121 and 221 of the Bharatiya Nyaya Sanhita, 202, and Sections 25 and 27 of the Arms Act. 2. As per the prosecution story, in brief, it is alleged that Constable Sunil Yadav lodged a report on 18.07.2026 at about 21:55 hours, stating that during the intervening night of 17.07.2026 and 18.07.2026, while he, along with other police personnel, was on patrolling duty, the patrolling party reached near ERV, Mahaveer Complex, Bagbahara. It is alleged that, at that time, the present applicants abused and assaulted the police personnel with a sharp-edged weapon, as a result of which the complainant sustained injuries. It is further alleged that Manoj Kumar Sahu, the driver of the police vehicle, was also present at the spot and witnessed the incident. On the basis of the said report, the aforesaid crime was registered against the applicants for the offences mentioned hereinabove. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that no weapon has been recovered from their possession and there is no material to establish their involvement in the alleged offence under the Arms Act. He further submits that the injuries sustained by the injured are simple in nature. As regards the antecedent of applicant No.2, it is submitted that he has already been acquitted in Criminal Case No. 785/2023 vide order dated 13.09.2025 passed by the learned JMFC, Bagbahara, District Mahasamund (C.G.). On these grounds, learned counsel submits that the applicants are 3 ready to cooperate with the investigation and may kindly be extended the benefit of anticipatory bail. 4. Per contra, learned State counsel opposes the application and submits that the allegations against the applicants are serious in nature, as they are alleged to have abused and assaulted police personnel while they were on patrolling duty. However, it is fairly submitted that the injuries sustained by the injured are simple in nature. Learned State counsel further submits that the matter is still under investigation and, therefore, the applicants may not be granted the benefit of anticipatory bail at this stage. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having considered the overall facts and circumstances of the case and the submissions made by learned counsel for the parties, this Court finds that although the allegations against the applicants are serious in nature, the injuries sustained by the injured have been opined to be simple in nature. Further, applicant No.2 has already been acquitted in the earlier criminal case referred to above. Considering the aforesaid circumstances, without commenting upon the merits of the case, this Court is of the considered view that the applicants are entitled to the benefit of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that, in the event of arrest of the applicants, Ashish Gwal and Nimesh Clive, in connection with Crime No. 128/2026, registered at Police Station Bagbahara, District Mahasamund (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 3(5), 121 and 221 of the Bharatiya 4 Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, they shall be released on bail upon executing a personal bond and furnishing one surety in the like amount to the satisfaction of the Arresting Officer, 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. (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