1 CGHC010301902026 2026:CGHC:34559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1272 of 2026 1 - Akhtar Raja S/o Mo. Ayub Ansari Aged About 26 Years R/o Village - Jur, Chowki Basdei, P.S. Surajpur, District- Surajpur (C.G.) 2 - Umar Raja S/o Mo. Ayub Ansari Aged About 24 Years R/o Village - Jur, Chowki Basdei, P.S. Surajpur, District- Surajpur (C.G.) ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Chowki Basdei Police Station- Surajpur, District- Surajpur (C.G.) ... Non-applicant For Applicants : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 06.08.2026 1. The Applicants have preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.07 15:22:08 +0530 2 apprehending their arrest in connection with Crime No.244/2026, registered at Police Station – Surajpur, District Surajpur (C.G.) for alleged commission of offences punishable under Sections 296(3), 351(3), 115(2), 191(1), 191(3) and 109 of BNS. 2. As per the prosecution case, the present matter arises out of a long-standing dispute over agricultural land between the complainant party and the Applicants' family. It is alleged that on 14.04.2026, the Applicants, along with the other co- accused persons, assaulted the complainant party, thereby committing the alleged offences. Accordingly, the offences as mentioned above were registered against the present Applicants. Hence, this application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. It is contended that the prosecution case has arisen out of a long-standing dispute relating to agricultural land between the parties and the alleged incident occurred during a sudden quarrel without any premeditated intention on the part of the Applicants. It is further submitted that the complainant himself has admitted the existence of the land dispute in the FIR, which clearly demonstrates that 3 the criminal proceedings have emanated from a civil dispute. He further submits that the Applicants' side had also sustained injuries and had attempted to lodge a complaint before the police authorities, but no fair action was taken. It is also submitted that even prior to the registration of the present FIR, the Applicants' father had submitted a written complaint before the Superintendent of Police, Surajpur, alleging that the complainant party was attempting to forcibly encroach upon the Applicants' ancestral agricultural land, thereby showing that the present FIR is a retaliatory counterblast arising out of the land dispute. It is further submitted that the custodial interrogation of the Applicants is not necessary, as the case is based on documentary evidence and statements of witnesses already in the possession of the investigating agency. He also submits that the Applicants have no previous criminal antecedents and are ready and willing to cooperate with the investigation. It is lastly submitted that similarly situated co-accused Sharifun Nisha has already been granted anticipatory bail by this Court vide order dated 15.07.2026 passed in MCRCA No.1112/2026 and therefore, on the ground of parity, the present Applicants are also entitled to the benefit of anticipatory bail. 4 4. On the other hand, learned State Counsel opposes the application and submits that the complainant has sustained a fracture in the parietal region of the skull, which reflects the gravity of the assault. It is further submitted that co-accused Sharifun Nisha, who has been granted anticipatory bail by this Court, is the mother of the present Applicants and the order granting anticipatory bail to her was passed on her own facts and circumstances, therefore, the present Applicants cannot claim the benefit of parity as a matter of right and as such, the anticipatory bail application of the present Applicants may be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature and gravity of the allegations, the fact that the injured has sustained a fracture in the parietal region of the skull, the specific allegations attributed to the present Applicants and the co-accused, Sharifun Nisha, who has been granted anticipatory bail, is the mother of the present Applicants and her case stands on a different footing, this Court is of the considered opinion that the present Applicants are not entitled to claim the benefit of parity. 5 7. Accordingly, the Anticipatory Bail application of the Applicants – Akhtar Raja and Umar Raja, filed under Section 482 of the BNSS, 2023 in connection with Crime No.244/2026, registered at Police Station – Surajpur, District Surajpur (C.G.) for alleged commission of offences punishable under Sections 296(3), 351(3), 115(2), 191(1), 191(3) and 109 of BNS, is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya