1 CGHC010306832026 2026:CGHC:36037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1315 of 2026 Samir Yadav S/o Pramil Kumar Yadav Aged About 22 Years R/o Village Sukul Para Kharod, P. S. Shivrinarayan, Tehsil Pamgarh, District Janjgir Champa C.G. ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Shivrinarayan, District Janjgir Champa C.G. ... Non-Applicant For Applicant : Shri Ashutosh Trivedi, Advocate. For Non-Applicant : Shri Sangharsh Pandey, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/08/2026 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.211/2026, registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for alleged commission of offence punishable under Sections 109 (1), 296, KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.14 16:27:29 +0530 2 351 (3), 115 (2) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The present criminal prosecution originates from an FIR registered on 02.07.2026 by one Shri Shivnath Yadav at P.S. Shivrinarayan, culminating in Crime No.211/2026. The complainant alleged that on 02.07.2026 at about 09:00 pm near Kharod Bus Stand, the applicant along with Sahil Yadav and Swapnil Yadav engaged in verbal abuse and demanded that the complainant's brother, Maheshwar Yadav (Vice- Chairman of Nagar Panchayat Kharod), be called to the spot. Upon Maheshwar Yadav's arrival, an altercation ensued due to prior enmity. It is alleged that co-accused Sahil Yadav struck Maheshwar Yadav on his head with a metallic bracelet (chuda), causing bleeding, while the present applicant and Swapnil Yadav allegedly assaulted him with fists and blows. Subsequently, Section 109(1) BNS was added based on medical reports. 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 main and specific allegation of inflicting injury on the head of Maheshwar Yadav with a weapon (chuda) is exclusively attributed to co-accused Sahil Yadav. No overt act is assigned to the present Applicant except omnibus and general allegations of assault by hands and fists. The complainant party were the actual aggressors who severely assaulted co-accused 3 Sahil Yadav with a sharp blade on the same night i.e., on 02.07.2026, causing extensive injuries across his face, body, and genital region, which is evident by the MLC report dated 02.07.2026. A complaint in this regard was lodged by the mother of the Sahil Yadav (co-accused) before the S.P., Janjgir-Champa on 13.07.2026, but the police suppressed the defense injuries due to the political influence of Maheshwar Yadav. On 17/05/2020, owing to a land dispute, the Applicant's cousin brother Sajan Yadav was brutally murdered, and another brother Swapnil Yadav was subjected to an attempt to murder. The accused persons in the said incident belong to the same family as the complainant Maheshwar Yadav, and they have already been convicted by the competent Court. Political rivalry exists between the complainant Maheshwar Yadav (currently Vice President of the Nagar Panchayat) and the mothers of the co-accused brothers, who were former Ward Councillors. During local body elections, Maheshwar Yadav pressurized the Applicant to campaign against his own aunt. Upon the Applicant's refusal, Maheshwar Yadav openly threatened to falsely implicate his entire family in criminal cases upon winning the election. In the year 2025, Swapnil Yadav and his father were cornered and assaulted by Maheshwar Yadav and his brothers. Exerting his official influence as Vice President, Maheshwar Yadav forced a local compromise. Subsequently, by exerting political pressure on the local police, he got a false FIR registered against the Applicant, in which the Applicant was 4 subsequently granted bail by the Judicial Magistrate First Class / Civil Court, Pamgarh. In the night of 02/07/2026, Maheshwar Yadav and his brother, acting under a premeditated conspiracy, attacked Sahil Yadav with a blade in an attempt to slit his throat. While defending himself, Sahil sustained blade injuries on his cheeks and hands. When the Applicant (Samir Yadav) and Swapnil reached the spot to rescue their brother, the aggressors dragged Samir Yadav by his hair, beat him severely, and threatened him with dire consequences. Maheshwar Yadav abused his official position as Vice President of Nagar Panchayat Kharod, along with his political clout, to prevent the police at P.S. Shivrinarayan from registering the FIR lodged by Sahil Yadav. Furthermore, by exerting undue pressure on the hospital administration, minor injuries were inflated into "grievous" injuries in his medical report, despite Maheshwar Yadav being spotted in completely healthy physical condition publicly after the incident. 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 and submitted that anticipatory bail application of co-accused has already been rejected by this Court vide order dated 11.8.2026 passed in MCRCA No.1291/2026. Apart from that, the applicant has 4 criminal antecedents registered against him out of which one case has been registered under Sections 191, 333, 335, 296, 351 (2), 115 (2) of the BNS, one under Sections 294, 506, 323/34 of the IPC, and 2 cases 5 under the preventive proceedings. Therefore, the anticipatory bail application of the applicant deserves to 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 the applicant along with co-accused persons engaged in verbal abuses and asked the complainant to to call his brother on the spot and on his arrival, incident took place and also for the fact that the applicant has 4 criminal antecedents registered against him and anticipatory bail application of co-accused has already been rejected by this Court vide order dated 11.8.2026 passed in MCRCA No.1291/2026, I am not inclined to grant anticipatory bail to the applicant. 7. 7. Accordingly, the anticipatory bail application of the applicant - Samir Yadav, involved in Crime No.211/2026, registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for alleged commission of offence punishable under Sections 109 (1), 296, 351 (3), 115 (2) & 3 (5) of the BNS, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice Barve