1 CGHC010316422026 2026:CGHC:36590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1324 of 2026 Aman Patel S/o Devendra Patel Aged About 21 Years R/o Gram Rajpur, Post Baranidadar, PS Basna Tehsil Pithora, District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.08.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant who is apprehending his arrest in connection with Crime No.386/2026 registered at Police Station – Basna, District Mahasamund (C.G.) for the offences punishable under Sections 109(1), 115(2), 296, 3(5) and 351(3) of BNS. 2. According to the prosecution story, on 16.07.2026, a dispute SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.18 11:55:23 +0530 2 arose when the complainant was getting a tree branch removed from the boundary of his field. It is alleged that the Applicant, along with co-accused persons, abused the complainant and assaulted him and thereafter, in furtherance of their common intention, assaulted his grandson and other family members with hands, fists, a bamboo stick and an axe, causing serious injuries on their heads and faces. The injured persons were admitted for treatment at Agrwal Nursing Home, Basna. It is further alleged that the Applicant fled from the spot and has been absconding since the date of incident. During investigation, the weapons allegedly used in the commission of the offence, including an axe and bamboo stick, were seized and the medical reports of the injured persons corroborate the injuries sustained by them. 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 submitted that the Applicant is a 21-year-old college student and that there is no specific allegation in the FIR or statements of the witnesses that he assaulted anyone with an axe or any other weapon. It is further submitted that 3 the incident occurred in front of the Applicant's house and the possibility of the complainant party being the aggressor cannot be ruled out, particularly as the Applicant's mother had also lodged a complaint, which was not registered by the police. He further submits that the injured persons were discharged from the hospital within three days and their injuries were not dangerous to life and therefore, the alleged offence under Section 109 of the BNS is not made out against the Applicant. It is also submitted that the Applicant is pursuing his NEET preparation at Kota, Rajasthan and his arrest would adversely affect his studies and future. He lastly submits that the trial is likely to take considerable time for its conclusion, therefore, the Applicant may be granted anticipatory bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the Applicant was also involved in the assault and had assaulted the injured persons with a stick. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the Applicant is a 21-year- old college student, the incident occurred in front of the Applicant's house, his father and uncle are also alleged to be 4 involved in the incident and the fact that there is no specific allegation of assault by axe against the present Applicant, this Court is of the considered opinion that it is a fit case to extend the benefit of anticipatory bail to the Applicant. 6. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Aman Patel on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he 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 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