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2026 DAILYLAW 34134 (CHH)

KRISHNA KUMAR KASHAYP v. STATE OF CHHATTISGARH

MCRCA/1432/2026 · 2026-08-31

Transfer Petitionbody2026

Judgment text

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1 CGHC010331172026 2026:CGHC:38660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1432 of 2026 Krishna Kumar Kashayp S/o Ramkirtan Kashyap, Aged About 26 Years R/o Munund, Thana Janjgir Distirct Janjgir Champa C. G. ... Applicant versus State Of Chhattisgarh Through The District Magistrate District Janjgir Champa C. G. ... Respondent For Applicant : Shri Kashish Saluja, Advocate. For Respondent/State : Shri Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 01/09/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.198/2026, registered at Police Station Janjgir, District : Janjgir- Champa (C.G.) for alleged commission of offence punishable under Sections 140, 324(4), 296, 351(3), 115 and 3(5) of Bhartiya Nagrik Sanhita. 2. The prosecution case, in brief, is that on 11.03.2026, the complainant Ravindra Kumar Dubey appeared at the police station and lodged a report that on 11.03.2026 at about 01:00 pm, he had gone to the SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.09.02 11:23:46 +0530 2 District Panchayat office, Navagarh, along with Sumit Kumar Rathore, Secretary of Gram Panchayat Putpura, on his motorcycle Platina number CG 11/MA-9895. He was returning at about 02:30 pm and at 03:00 pm, he got down near Dhurkot liquor shop to use the bathroom. At that time, some people were fighting nearby, on which Sumit Rathore stopped them from fighting and started going back on the motorcycle. Then the accused Prafull Kashyap, Devran Kashyap and other companions, saying who are you to stop him, started abusing, threatened to kill him, started beating him and destroyed the complainant's Platina vehicle. After vandalizing and damaging the house, they slapped him and pushed him. The accused forcibly took Sunit Rathore in their four-wheeler and left him near a petrol pump after some time. The injured Sunit has injuries on his face and right temple due to the beating. On the complainant's report, a crime was registered and taken into investigation. Hence this anticipatory bail 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 alleged incident occurred all of a sudden when the complainant and the injured intervened in an ongoing quarrel and there was no prior enmity or premeditation on the part of the Applicant. It is further submitted that the FIR contains only omnibus allegations against the applicant and other co-accused, without attributing any specific overt act or injury to the present Applicant and the injuries sustained by the injured are simple in nature and no weapon has been attributed to the Applicant. It is also submitted that the allegation of abduction is doubtful, as the injured was released shortly thereafter near a petrol 3 pump. It is further submitted that one of the co-accused, namely, Devcharan Kashyap has been granted regular bail by this Court vide order dated 20/07/2026 passed in MCRC No.4193 of 2026, therefore, he may be enlarged on anticipatory bail. 4. On the other hand, learned counsel appearing for the respondent/State, opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the applicant, the nature of allegations, the material available on record and the fact that the FIR contains specific allegations against the present applicant and the nature of injuries sustained by the injured, this Court is of the considered opinion that the applicant has not made out a case for grant of anticipatory bail. 7. Accordingly, the anticipatory bail application of the applicant -Krishna Kumar Kashyap involved in Crime No.198/2026, registered at Police Station Janjgir, District Janjgir Champa (C.G.) for alleged commission of offence punishable under Sections 140, 324(4), 296, 351(3), 115 and 3(5) of Bhartiya Nagrik Sanhita, is rejected. SD/- Sd/- (Ramesh Sinha) Chief Justice Tumane