1 2026:CGHC:15378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 490 of 2026 Vivek Singh Banafar S/o Shri Sanat Singh Banafar Aged About 36 Years R/o Banafar Tent House, Durga Pandal, In Front Of State Bank, Balco Nagar, Korba, Tahsil And Distt.- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through- S.H.O. Police Station - Balco Nagar, Korba, Distt.- Korba (C.G.) ... Respondent For Applicant : Mr. Keshav Dewangan, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.04.2026 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.137/2026 registered at Police Station – Balco Nagar, Korba, District - Korba(C.G.) for the offences punishable under Sections 115(2), 296, 3(5), 351(3), 324(4), 333 of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.02 17:32:12 +0530 2 2. The prosecution story, in brief is that, on 04.03.2026 the victim/complainant Virendra Vikram Singh made a written complaint before the police station Balco Nagar, Korba by stating that, he is holding the post of Engineer in Ahulwaliya Company and residing in company's guest house. On 04.03.2026 at about1.00 P.M., during Holy celebrations some unknown persons entered the guest house of Ahulwaliya Company and committed threatened by using filthy language and started breaking the windows, doors, chairs and when the complaint objected the same, then they beat the complaint, due to which the complaint suffered gravies injuries in his body part. The complaint further stated that the accused persons also assaulted, cook Vinod Singh Rathore and Company Engineer Rajesh Dinga and in the said act the Vinod Singh Rathore and Rajesh Dinga also got injured. That, after receiving the said written complaint the concerned police registered the FIR on the same day against the Nidhi Sahu, Promod Sahu and one Tent Wala Banafar (present applicant) under the aforsaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that in the present case solely on the basis of the statement of one Hemant Manikpuri, without any proper identification or independent evidence. At the time of the alleged incident, the applicant was present at his tent house where he was celebrating, and upon learning about the registration of the FIR, he immediately submitted a written complaint before the concerned Superintendent of Police as well as the concerned police station, requesting deletion of his name from the case. The applicant also submitted CCTV footage of the date of 3 incident, i.e. 04.03.2026, before the police authorities to establish his presence at the tent house at the relevant time, but despite the same, the police registered the case against him without conducting a proper investigation. It is further submitted that the complainant himself, after learning the true facts, submitted a no-objection application along with an affidavit dated 16.03.2026 stating that the present applicant had no involvement in the alleged crime and praying for deletion of his name from the case. The applicant is also suffering from a serious problem in his left knee and has been advised surgery by the doctor. So far as his criminal antecedents are concerned, out of the three previous cases registered against him, one case under Section 25 of the Arms Act ended in acquittal on 19.10.2022, the second case was disposed of on the basis of compromise on 08.07.2017, and the third case was disposed of with a fine of Rs. 1,000/-. Therefore, prima facie, no offence is made out against the present applicant, hence, he prays for grant of bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, the material available on record, and the nature of the injuries sustained by the injured, which appear to be simple in nature, without expressing any opinion on the merits of the case, this Court finds it appropriate to grant anticipatory bail to the applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vivek Singh Banafar, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav