1 CGHC010329632026 2026:CGHC:38151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1403 of 2026 Mukesh Yadav S/o Tikeshwar Yadav Aged About 21 Years R/o Kasahibahra, P.S. Tahsil Pithora, District- Mahasamund Chhattisgarh, ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Pithora, District- Mahasamund (C.G.) ... Non-Applicant For Applicant : Shri Sudhir Kumar Sahu, Advocate. For Non-Applicant : Miss Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/08/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.193/2026 registered at Police Station – Pithora, District – Mahasamund (C.G.) for the offence punishable under Sections 115 (2), 118 (2), 296, 351 (3) & 3 (5) of Bharatiya Nyaya Sanhita KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 14:43:59 +0530 2 (for short ‘BNS’). 2. The prosecution story, in brief, is that the complainant has lodged a report with the concerned Police Station stating that at the time of incident, dispose arose between the parties regarding eating food at Kashibahra Yadav Hotel and thereafter, the accused persons have committed Marpeet with the injured person by using filthy language, as a result of which the injured person has sustained simple injuries. Based upon the written complaint, the police has registered the offence under section 115(2), 118(2), 296, 351 (3), 3(5) of B.N.S. against the accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the alleged incident took place at "Yadav Hotel" in Village Kasheebahara, which is owned and operated by the Applicant's father, Tikeshwar Yadav. Because the hotel is the family business, the Applicant's presence on the spot was completely natural. His presence cannot be construed as an unlawful assembly, common intention, or pre-meditated criminal act. The applicant did not participate in any assault or altercation. When a sudden quarrel broke out at the counter, the Applicant stepped in solely to calm the tempers, separate the quarreling persons, and prevent damage to his father's shop. Intervening in good faith to break up a fight cannot be converted into a penal offence. The complainant's son (Milap Kumar Dhruw) and his 3 companion arrived at the hotel in a heavily intoxicated state and picked an unwarranted fight over food and bill payment. The aggression was initiated entirely by the complainant's party, and the Applicant is being victimized despite having no quarrel with them. The FIR contains general and omnibus allegations against the Applicant without specifying any distinct, individual overt act. No specific injury is attributed to any particular blow delivered by the Applicant. Therefore the applicant may be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that the accused persons have assaulted the injured with a sharp edged item/article as a result of which right hand of the injured got fractured. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, particularly considering that dispute arose between the parties on some food items in the hotel owned by the accused persons which led to the present incident wherein the right hand of the injured got fractured, further considering the nature of injuries, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mukesh Yadav, on executing a personal bond with one surety in the like sum to the 4 satisfaction of the Arresting Officer, he shall be released on bail on the following conditions:- (a) He should 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 from disclosing such fact to the Court. (b) He should not act in any manner which will be prejudicial to fair and expeditious trial. (c) he should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicant and the sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve