1 CGHC010304472026 2026:CGHC:36026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1306 of 2026 1 - Rajeev Kumar Prajapati S/o Jagdamba Prajapati Aged About 35 Years R/o Village Silpur, Thana And Tehsil Kotma, District- Anuppur, (M.P.) Current Address Police Chowki Darsila, Thana Jaitpur, District- Shahdol (M.P.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Kelhari , District- Manendragarh- Chirmiri- Bharatpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ajay Pandey, Advocate For Respondent(s)/State : Mr. Sumit Singh, Deputy Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2026 1. This is the first anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the applicant, who apprehends his arrest in connection with Crime No. 18/2026 registered at Police Station Kelhari, District Manendragarh-Chirmiri- RUCHI YADAV Digitally signed by RUCHI YADAV 2 Bharatpur (Chhattisgarh), for the offences punishable under Sections 103(1), 296, 308(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 03.03.2026 at about 6:00 a.m., the complainant Santosh, who was working as a labourer on Sonu Chakradhari’s tractor, along with other persons, had gone to the Barne River near Dumraghat, Village Pasuri, for collecting sand. At about 8:00 a.m., three persons, namely Raju @ Rajiv Prajapati, Nitin Kumar Shukla and Madhu @ Madhur Jaiswal, allegedly arrived there and objected to the collection of sand. It is alleged that Nitin Kumar Shukla assaulted Sonu Chakradhari with a stick and, thereafter, Madhu @ Madhur Jaiswal demanded Rs.20,000/- for settling the matter. When Sonu expressed his inability to pay the amount, Nitin Kumar Shukla allegedly assaulted him on the head with a shovel, causing him to fall from the tractor and sustain a serious head injury. Sonu was immediately taken to Kelhari for treatment, where the doctor declared him dead. On the basis of the oral report lodged by the applicant, Crime No. 18/2026 was registered at Police Station Kelhari against Raju @ Rajiv Prajapati, Nitin Kumar Shukla and Madhu @ Madhur Jaiswal for the offences punishable under Sections 103(2), 296, 308(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there are three accused persons in the present case, including the applicant. Learned counsel submits that co-accused Nitin Kumar Shukla has been granted anticipatory bail by this Court vide order dated 31.07.2026 passed in MCRCA No. 1163 of 2026 and another co-accused, namely, Madhu Jaiswal @ Madhur Jaiswal, has 3 been granted regular bail by this Court vide order dated 31.07.2026 passed in MCRC No. 5916 of 2026; therefore, the applicant also deserves to be granted the benefit of parity. It is further submitted that the applicant had no intention to commit the alleged offence and the charge-sheet has already been filed. Accordingly, it is prayed that the applicant be granted the benefit of anticipatory bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application and submits that there are three eye-witnesses to the alleged incident and that specific allegations have been levelled against the applicant in the statement of the complainant recorded under Section 161 of the BNSS. It is further submitted that, in view of the material available on record, the applicant does not deserve the benefit of anticipatory bail. Accordingly, it is prayed that the anticipatory bail application be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, submissions made by learned counsel for the parties, the fact that the co-accused Nitin Kumar Shukla has already been granted anticipatory bail by this Court and another co-accused, namely, Madhu Jaiswal @ Madhur Jaiswal, has been granted regular bail by this Court, the applicant deserves to be extended the benefit of parity. It is further taken into consideration that the charge-sheet has already been filed. Without commenting upon the merits of the case, this Court is of the considered view that the applicant deserves to be granted the benefit of anticipatory bail. 4 7. Accordingly, the instant MCRCA is allowed, and it is directed that, in the event of arrest of the applicant Rajeev Kumar Prajapati, in connection with Crime No. 18/2026 registered at Police Station Kelhari, District Manendragarh-Chirmiri-Bharatpur (Chhattisgarh), for the offences punishable under Sections 103(1), 296, 308(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail upon executing a personal bond and furnishing one local surety in the like amount to the satisfaction of the arresting Officer, subject to the following conditions:- (a) He 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 such facts to the Court. (b) He shall not act in any manner which may be prejudicial to a fair and expeditious trial. (c) He shall appear before the Trial Court on each and every date fixed by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their Aadhaar cards along with a full-size coloured postcard photograph bearing the printed Aadhaar number, which shall be verified by the Trial Court. (e) He shall not involve himself in any offence of a similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi