NAINA GOSWAMI ALIAS PREETI GIRI GOSWAMI v. STATE OF CHHATTISGARH
MCRCA/1406/2026 · 2026-08-24
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[ 2026 DAILYLAW 33797 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33797 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010329232026
2026:CGHC:38148
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1406 of 2026 1 - Naina Goswami Alias Preeti Giri Goswami W/o Jacob Kumar Yadav Alias Jacky Kumar Yadav Aged About 24 Years R/o Thakurdia Navagarh, Police Station Navagarh District Janjgir Champa C.G. Current Address Behind Deendayal Market Korba, P.S. Kotwali Dist- Korba C.G. 2 - Jacob Kumar Yadav Alias Jacky Kumar Yadav Aged About 25 Years R/o Thakurdia Navagarh, Police Station - Navagarh District - Janjgir Champa C.G. Current Address - Behind Deendayal Market Korba, P.S. Kotwali Dist- Korba C.G.
... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali Korba Dist- Korba C.G.
... Non-Applicant For Applicants : Shri Shubham Dev Mallick, Advocate. For Non-Applicant : Smt. Smriti Shrivastava, PL. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 25/08/2026
1. The applicants have preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending their arrest in KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 15:26:29 +0530
2 connection with Crime No.446/2026, registered at Police Station Kotwali Korba, District Korba (C.G.) for alleged commission of offence punishable under Sections 115 (2), 296, 192, 332 (C), 351 (3) & 109 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).
2. As per the case of the prosecution, the complainant has lodged a report at Kotwali Police Station, Korba on 18.05.2026 at around 10.00 pm that the present applicants and other co-accused persons entered the house of complainant, abused her obscenely, threatened to kill her and beat her with sticks and rods, due to which the complainant and others got injured. On this basis an FIR has been lodged against the present applicants and other accused persons. Hence, the bail application.
3.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. He further submits that the mother and mother-in-law of the applicants, Smt. Pooja Giri Goswami, purchased a 10.5 feet wide and 40 feet long inhabited land in Sitamani Korba behind Korba Rest House from Shri Laxmi Narayan Rathore on 11/12/2023 for Rs. 250000/- and constructed a house on it and some land is vacant. The applicant and her family also purchased another piece of land adjacent to the said land from Shri Laxmi Narayan Rathore. Later, the complainant and her family attempted to encroach upon the land purchased by them, as well as the land purchased by the applicants' mother and mother-in-law, Smt. Pooja Giri Goswami, due to which a continuous land dispute has
3 arisen between the two parties. Thus, the present case is actually a dispute of a civil nature. On 18/05/2026, the applicants were invited by their mother and mother-in-law, Mrs. Pooja Giri Goswami, to attend a family function and dinner at their residence, Sitamani, behind the Rest House. Consequently, the applicants returned to their current residence, a house behind Deendayal Market, Korba. He had gone to the residence of his mother and mother-in-law from where other relatives of the applicants had also come from Janjgir etc. to attend the function. During the same time, on the night of 18/05/2026, at about 10 to 10.30 pm, suddenly Neelu Vaishnav, Priyanshu Goswami, Prakash Jaiswal alias Nanhe Jaiswal, Pinky Goswami, Anuradha Goswami and their other companions came and broke the door of the house and entered inside and started abusing the mother and sister and threatened to kill them. They caught the applicants and their family members present there and took them out and beat them with bricks and punch rods. Due to the beating, Smt. Naina Goswami alias Preeti Giri Goswami and her husband Jacob Kumar Yadav alias Jacky Kumar Yadav and others got injured In this regard, a case has been registered by the applicant, Mrs. Naina Giri alias Preeti Giri Goswami, at Police Station Kotwali Korba under Crime No. 447/2026 under sections 296, 115 (2), 351 (2), 192, 332 (C) and 74 BNS. Hence he prays to enlarge the applicants on anticipatory bail. 4
4.
On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that in the present case, there are 3 injured persons and they have been assaulted by the accused persons with rod and club and the injuries suffered by the injured persons are reported to be grievous in nature. Therefore, the anticipatory bail application of the applicants deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicants that they assaulted the injured persons with rod and club and the injuries suffered by the injured persons are reported to be grievous in nature, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicants - Naina Goswami Alias Preeti Giri Goswami & Jacob Kumar Yadav Alias Jacky Kumar Yadav, involved in Crime No.446/2026, registered at Police Station Kotwali Korba, District Korba (C.G.) for alleged commission of offence punishable under Sections 115 (2), 296, 192, 332 (C), 351 (3) & 109 of the BNS, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice Barve