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2026 DAILYLAW 3731 (CHH)

CHANDRA PRAKASH SIDAR v. STATE OF CHHATTISGARH

MCRCA/497/2026 · 2026-04-06

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Judgment text

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1 2026:CGHC:15860 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 497 of 2026 • Chandra Prakash Sidar S/o Shri Dilkumar Sidar Aged About 21 Years R/o Village Bichhinara, P.S. And Tahsil Gharghoda, Distt. Raigarh Chhattisgarh ... Applicant(s) versus 1. State of Chhattisgarh Through Police Station Gharghoda, Distt. Raigarh Chhattisgarh 2. Deepak Kumar Behra S/o Shri Nilmani Behra Aged About 35 Years R/o Village Bicchinara, P.S. And Tahsil Gharghoda, Distt. Raigarh Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner(s) : Mr. Manoj Kumar Sinha, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/04/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.55/2026 registered at Police Station – Gharghoda, District: Raigarh, C.G. for the offence punishable under Sections 296, 351(3), 115(2), 127(2), 140(3), 190 and 191(2) of BNS. 2. Case of the prosecution, in brief, is that the complainant Deepak VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.07 16:58:15 +0530 2 Kumar Behra made report to the police station Gharghoda on 19.02.2026 at 12.35 hours stating that the on 18.02.2026 the complainant with his friends went to the house of Gauri Rathiya for engagement function in the same village. He was returning to his house at 8.30 hours in the night and when he out of her house with motor cycle, applicants Sanjay Rathiya, Ashutosh Rathiya and Chandra Prakash Sidar and 8 others co-accused persons stopped the complainant took to the house of Krishna Kumar Rathiya, the complainant and his friend Pramod Tigga, abused, assaulted to the complainant and his friends with hands and fists on the dispute of cutting of trees of his land. Applicants and other co- accused persons abused and assaulted to the complainant and his friends with hands and fists. The complainant and The present his friends received simple injuries. applicant's name has not been mentioned in the order sheet and also there are no allegations with respect to present on the date of incident. Thereafter on the basis of above report, the First Information Report vides FIR No.55/2026 has been made to the police station and it is registered by the concerned Police Station. Hence, this bail application. 3. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case and the allegation levelled against the present applicant is that on the date of incident applicant and other co-accused persons abused and assaulted to the complainant and his friends with hands and fists. He further submits that the injuries received by the injured are simple in nature. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel, appearing for non - applicant/State, opposes the prayer for grant of anticipatory bail and submits that applicant has no previous criminal antecedent and she could not deny the fact that the injuries sustained by the injured are simple in nature. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that injuries sustained by the injured are simple in nature, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Chandra Prakash Sidar on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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 from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) 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. 4 (d) The applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali