Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:16445
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 523 of 2026 1 - Sanjay Rathiya S/o Shri Rameshwar Rathiya Aged About 25 Years R/o Village Bichhinara, P.S. And Tahsil Gharghoda, Distt. Raigarh Chhattisgarh 2 - Ashutosh Rathiya S/o Shri Ramkumar Rathiya Aged About 22 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 Bichhinara, P.S. And Tahsil Gharghoda, Distt. Raigarh Chhattisgarh
... Respondent(s) (Cause title is taken from Case Information System) For Applicants : Mr. Manoj Kumar Sinha, Advocate For Respondent/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 09.04.2026
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 – Ghargoda, District: Raigarh, C.G. for the offence punishable under Sections 296, 351(3), 115(2), 127(2), 140(3), 190 and 191(2) of Bhartiya Nyay Sanhita,
2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.10 18:31:54 +0530
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2. The case of the prosecution, is that the complainant Deepak 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 Prmod Tigga, abused, assaulted to the complainant and his friends with hands and fists on the dispute of cutting of trees of his land. 3.
It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicants and co-accused, namely Chandra Prakash Sidar has also been enlarged on anticipatory bail by this Court in MCRCA No.497 of 2026 vide order dated 07.04.2026, therefore, he prays for grant of anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant has no criminal antecedent, and she could not disputed the fact that co-accused, namely Chandra Prakash Sidar has also been enlarged on anticipatory bail by this Court in MCRCA No.497 of 2026 vide order dated 07.04.2026,
5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case,
3 nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicants, co-accused, namely Chandra Prakash Sidar has also been enlarged on anticipatory bail by this Court in MCRCA No.497 of 2026 vide order dated 07.04.2026, I am inclined to allow this application on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Sanjay Rathiya and applicant No.2 – Ashutosh Rathiya 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. (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