1 2026:CGHC:8104 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 209 of 2026 Shubham Sarthi @ Chotu S/o Dinesh Sarthi Aged About 33 Years R/o Mandi Road, Maharani, Ward Jagdalpur, Tahsil Jagdalpur, Distt - Bastar, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S.- Kotwali, Jagdalpur, District- Bastar (C.G.) ... Non-applicant For Applicant : Mr. Sagar Soni, Advocate. For Non-applicant/State : Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.02.2026 1. The Applicant has preferred this 1st anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.18 15:42:27 +0530 2 apprehending his arrest in connection with Crime No.457/2025, registered at Police Station – Kotwali, Jagdalpur, District Bastar (C.G.) for alleged commission of offence punishable under Sections 115(2), 351(2), 109 and 3(5) of BNS. 2. The brief prosecution case is that the mother of the injured person lodged a report at Police Station Kotwali, Jagdalpur, stating that on 10.10.2025 at about 10:10 p.m., her son Avinash Bharti, aged around 30 years, had gone to Maharani Ward near the Peepal tree, where the Applicant, along with other co-accused and acting in furtherance of their common intention, assaulted him over an old dispute, threatened to kill him and inflicted injuries on his head using a stick and an axe. Based on the said allegation, the aforementioned offences 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 contended that the wife of the Applicant’s younger brother had earlier lodged a criminal case against the injured person in Crime No.039/2022 dated 03.11.2022 under Sections 294, 323, 34 and 506 of the IPC and due to this 3 prior dispute, the injured person has falsely named the Applicant in the present matter. She further submits that the alleged incident occurred near the Applicant’s house and the Applicant was merely standing in front of his residence and was not involved in the commission of any offence. It is further argued that initially the case was registered under Sections 115(2), 351(2) and 3(5) of the BNS, 2023, and despite the Applicant’s representation to the Superintendent of Police, Bastar asserting his innocence, additional Section 109 of the BNS was later invoked without any supporting material. It is also submitted that no injury attracting the provisions relating to grievous hurt is made out against the Applicant. She lastly submits that the offence is triable by the Sessions Court and does not entail punishment of life imprisonment, the Applicant is employed as a driver in the Nagar Nigam, Jagdalpur and is a respectable member of society with good character, therefore, he may be granted anticipatory bail. 4. Opposing the prayer for anticipatory bail, learned State Counsel submits that the investigation is still in progress and the material collected during investigation prima facie discloses the involvement of the Applicant in the alleged offence. It is further submitted that the Applicant is alleged to 4 have caused injuries with a tangia on the right parietal region of the head, and as per the NCCT (Non-Contrast CT) scan and medical report, a fracture of the right parietal bone has been detected, showing that the injuries are grievous in nature. In view of the seriousness of the allegations and the nature of injuries sustained, it is contended that the Applicant is not entitled to the relief of anticipatory bail and the application may be rejected accordingly. 5. Upon hearing learned Counsel for the parties and perusing the case diary and material available in the case diary, this Court finds that the investigation is still in progress and the material collected prima facie indicates the involvement of the Applicant in the alleged offence. The record further shows that the Applicant is alleged to have caused injury with a tangia on the right parietal region of the head and as per the NCCT scan and medical report, a fracture of the right parietal bone has been detected, indicating grievous injury. Considering the seriousness of the allegations, the nature of injuries sustained by the victim and the requirement of a fair and proper investigation, this Court is of the view that the Applicant is not entitled to the discretionary relief of anticipatory bail at this stage. 5 6. Accordingly, the bail application of the Applicant – Shubham Sarthi @ Chotu, filed under Section 482 of the BNSS, 2023 in connection with Crime No.457/2025, registered at Police Station – Kotwali, Jagdalpur, District Bastar (C.G.) for alleged commission of offence punishable under Sections 115(2), 351(2), 109 and 3(5) of BNS, is hereby rejected. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya