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CGHC010343842026
2026:CGHC:39956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA
No.
1489
of 2026
• Ashok Singh S/o Mahendra Nath Singh Aged About 52 Years R/o Sindhiya Nagar, Titurdih, Police Station- Mohan Nagar, Civil, Tehsil And Revenue District - Durg (C.G.)
... Applicant versus • State Of Chhattisgarh Through Station House Officer- Mohan Nagar, Durg, Distt.- Durg (C.G.) ... Non-applicant For Applicant : Mr. Rajeev Shrivastava, Sr. Advocate with Mr. Jaydeep Singh Yadav, Advocate For Respondent-State For Objector : : Mr. Pranjal Shukla, Panel Lawyer Mr. Shahil Singh, Advocate Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 11/09/2026
1. Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 525/2026 registered at Police Station- Mohan Nagar District Durg (C.G.) for the offence punishable under Sections 109, 296, 351(3) and 3(5) of BNS, 2023.
2. Case of prosecution, in brief, is that one Vinay Kumar Singh lodged a report to the concerned police station on 25.07.2026 stating that on 24.07.2026, he received a phone call from Vicky Singh who informed that Rajesh Singh has called him regarding settling of some accounts of devbhumi land. At 12:00 pm, when he along with Narendra Singh, Rupesh Yadav went to the place, he saw that Vicky Singh, Rajesh Singh, Ashok Singh and Vijay Memon were present there. Upon seeing the PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2026.09.11 18:55:39 +0530
2 / 4 complainant, the accused persons started abusing them, assaulting them by hands and fist and thereafter co-accused Vijay Memon took knife and gave blow to Narendra Singh and complainant Vinay. In the incident Narendra Singh suffered incised wound. The incident was reported to the concerned police station, based upon which aforementioned crime was registered.
3.
Learned counsel for the applicant would submit that applicant has been falsely implicated in the crime only because he is relative of Rajesh Singh and Vicky Singh. He contended that at the time of incident, he was in the colony where his residence is located and the vicinity is captured in the CCTV. After coming to the knowledge that applicant has been implicated in the crime, he took out the CCTV recording and handed it over to the concerned police station but that was not taken into consideration and applicant is apprehending his arrest. He further submits that even otherwise, from the allegation, it appears that there was some dispute between the parties and it was Vijay Memon who during the course of fight between the two group had took out the knife and gave blow. There is no specific direct allegation that applicant has also assaulted by means of any sharp edged weapon. He submits that applicant is a business man and only one crime under Section 294, 323, 506 part II was registered against him and that is of the year 2011.
4. On the other hand, learned State counsel opposes the submission of counsel for applicant and would submit that it is the applicant and other persons who called the complainant and victim on the spot for settling accounts. He also contended that Narendra Singh suffered four injuries on vital part of the body. The manner in which the offence is committed, applicant is not entitled for benefit of anticipatory bail. He submits that there is one criminal antecedent against applicant of the year 2011 for offence under Section 294, 323, 506 part-II of IPC.
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5.
Learned counsel for objector while adopting the submission of learned counsel for the State would submit that from the facts it clearly appearing that applicant and other co-accused persons have planned to commit the offence as alleged against them and therefore applicant is not entitled for grant of anticipatory bail.
6. Upon putting query to the learned State counsel with regard to status of investigation, he submits that five persons namely Vicky Singh, Vijay Memon, Pappu Lal, Roshan and one Ranjeet Yadav have been arrested and two persons are absconding.
7. I have heard learned counsel for the respective parties and also perused the documents available in the application.
8. According to the contents of the order and the submission made by
learned counsel for the respondent-State and the objector, it is appearing that it is Vicky Singh who on the instruction of Rajesh Singh gave phone call to complainant. Complainant and the co-accused persons are partners in the business and further that the allegation of assault by means of sharp edged weapon is only against Vijay Memon.
9. On due consideration of the entirety of the facts and circumstances of the case, submission of learned counsel for the parties, the manner in which the offence is alleged to have been committed, without commenting anything on merits, I am inclined to allow this anticipatory bail application.
10. Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (130/2026), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions: (i) that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;
4 / 4 (ii) that the applicant 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 from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 11.Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/- (Parth Prateem Sahu) pwn
JUDGE