1 CGHC010295782026 2026:CGHC:34556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1275 of 2026 Bindu W/o Santosh Aged About 24 Years Caste - Sahu, R/o Village Belbahra, Harra-Para, Tehsil - Khadgawan, Distt. Manendragarh- Chirmiri-Bharatpur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Jhagrakhand, Distt. Manendragarh-Chirmiri-Bharatpur Chhattisgarh ... Non-Applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant who is apprehending her arrest in connection with Crime No.81/2026 registered at Police Station – SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.07 11:19:17 +0530 2 Jhagrakhand, District Manendragarh-Chirmiri-Bharatpur Chhattisgarh (C.G.) for the offences punishable under Sections 109, 115(2), 191(2), 191(3), 296 and 351(2) of BNS. 2. Case of the prosecution, in brief, is that the complainant lodged a written report at Police Outpost Jhagrakhand on 18.07.2026, alleging that on the same day at about 10:00 a.m., while she was ploughing her agricultural field along with her husband, Krishna Kumar Sahu, and her son, Aman Kumar, the present Applicant, along with the other co- accused persons, namely Sitaram Sahu, Akhilesh Sahu, Sitasharan Sahu, Bhola Sahu, Surajmati, Chandrawati, Brihaspatiya and Devisharan, arrived at the spot armed with axes, lathis and wooden sticks. It is alleged that the accused persons abused the complainant party in filthy language and asserted that the disputed agricultural land belonged to them and questioned the complainant party for cultivating the same. It is further alleged that the accused persons thereafter assaulted the complainant's husband and son with the intention to kill. Specifically, co-accused Sitaram Sahu is alleged to have assaulted Krishna Kumar Sahu on the back of his head and back with an axe, while Aman Kumar sustained injuries on his head and right wrist when he 3 intervened to rescue his father. Based on these allegations, the offences as mentioned above have been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that the disputed agricultural land has been in the continuous possession of the Applicant's father- in-law, Sitaram Sahu and on the date of the incident, the complainant party had illegally attempted to cultivate the said land, whereupon an objection was raised by the Applicant's grandmother-in-law, resulting in a scuffle between the parties. It is further submitted that the husband of the Applicant also lodged a counter FIR in respect of the same incident against the complainant party, thereby showing that the occurrence was a free fight arising out of a land dispute. He further submits that no specific overt act has been attributed to the present Applicant and the allegations of assault with deadly weapons are specifically against co-accused Sitaram Sahu and Akhilesh Sahu. It is further submitted that the ingredients of the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 are not attracted against the Applicant, as there is no allegation of any act or intention on her part to commit the alleged offence. It is also submitted that the 4 injured persons have sustained only simple injuries as per the medical report. He further submits that the Applicant was not present at the place of occurrence at the relevant time and has been implicated only on account of her relationship with the other accused persons. It is also submitted that the Applicant is the mother of a five-month-old infant, who requires her constant care and nursing and therefore, as the trial is likely to take quite some time for its conclusion, she may be granted anticipatory bail. 4. On the other hand, learned State Counsel opposes the application and submits that the present Applicant is a named accused in the FIR and has actively participated in the commission of the alleged offence along with the other co- accused persons. It is submitted that the Applicant and her family members, including her father-in-law, formed an unlawful assembly and assaulted the complainant party with tangia, lathis and wooden sticks, causing injuries to the victims. It is further submitted that having regard to the gravity and seriousness of the allegations, no case for grant of anticipatory bail is made out and therefore, the application deserves to be rejected. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the 5 nature of allegations, the fact that no specific overt act has been attributed to the present Applicant except a general allegation of being a member of the unlawful assembly, the fact that the main allegation of assault with a tangia is attributed to co-accused Sitaram Sahu, the existence of a counter case arising out of the same incident, the fact that the injured persons are stated to have sustained simple injuries as per the medical report, the fact that the Applicant is a woman and the mother of a five-month-old infant, there are no previous criminal antecedents against the Applicant, the fact that the trial is likely to take considerable time for its conclusion and without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Bindu, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) The Applicant/s 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 him/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious 6 trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya