1 CGHC010326592026 2026:CGHC:38363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1415 of 2026 Priya Namdev D/o Ganesh Prasad Namdev Aged About 29 Years R/o Gadabuda, West Chirmiri, Podi, Police Station- Podi, Tahsil - Chirmiri, District - Manendragarh-Chirmiri-Bharatpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Podi, District - Manendragarh-Chirmiri-Bharatpur (C.G.) ... Non-Applicant For Applicant : Mr. Malay Shrivastava, Advocate. For Non-applicant/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 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 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.01 11:35:58 +0530 2 with Crime No.106/2026 registered at Police Station – Podi, District Manendragarh-Chirmiri-Bharatpur (C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 118(1), 118(2), 324, 333 and 3(5) of BNS. 2. As per the case of prosecution, the Applicant and the victim Kalim were in a relationship and the Applicant was in possession of certain documents belonging to him. On 01.07.2026, Kalim allegedly abused the Applicant when she refused to return the said documents and thereafter assaulted her. Upon witnessing the incident, the Applicant’s brother allegedly assaulted Kalim with a spade, causing injuries to both his hands. 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 incident arose out of a dispute between the Applicant and the victim Kalim Mohammad, who had allegedly abused and assaulted the Applicant, whereupon the Applicant’s brother intervened to rescue her and is alleged to have assaulted Kalim Mohammad with a spade. It is further submitted that the present FIR has been lodged by Kalim Mohammad as a counterblast to the FIR 3 lodged by the Applicant with an intention to implicate the Applicant and her family members. He further submits that the Applicant’s brother, against whom the principal allegation of assaulting the victim with a spade has been levelled, has already been granted regular bail by the learned Additional Sessions Judge, Chirmiri, District Manendragarh-Chirmiri- Bharatpur, in Bail Petition No.85/2026, and co-accused Nirmala Namdev has also been granted anticipatory bail by this Court vide order dated 20.08.2026 passed in M.Cr.C.A. No.1373/2026 and Kalim Mohammad has also already been granted anticipatory bail by this Court vide order dated 11.08.2026 passed in M.Cr.C.A. No.1294/2026. It is, therefore, submitted that the Applicant, being a lady, may also be granted bail on the ground of parity. 4. Per contra, learned State Counsel opposes the bail application. 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 principal allegation of assaulting the victim with a spade is against the Applicant’s brother, who has already been granted regular bail by the learned Additional Sessions Judge, Chirmiri, District Manendragarh-Chirmiri-Bharatpur, in Bail Petition No.85/2026 4 and further considering that co-accused Nirmala Namdev and Kalim Mohammad have already been granted anticipatory bail by this Court vide orders dated 20.08.2026 passed in M.Cr.C.A. No.1373/2026 and 11.08.2026 passed in M.Cr.C.A. No.1294/2026 respectively and that the Applicant is a lady, without further commenting on the merits of the case, this Court is of the considered opinion that the Applicant is entitled to the benefit of parity. 6. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Priya Namdev 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 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 5 himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya