HIGH COURT OF CHHATTISGARH AT BILASPUR
2026:CGHC:16721
MCRCA No. 534 of 2026
XYZ (Minor) Through Father ABC
... Applicant
versus
State Of Chhattisgarh Through P.S. Civil Lines, Distt. Bilaspur, Chhattisgarh.
... Respondent
For Applicant : Shri Awadh Tripathi, Advocate.
For Respondent/State : Ms. Anusha Naik, Dy. G.A.
For objector : Shri Ashok Kumar Varma, Sr. Advocate with Shri Arvind Shukla, Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
10/04/2026
Order On Board
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.263/2026, registered at Police Station Civil Lines, District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 109, 296, 351(3), 115(2), 3(5) of BNS.
2. Case of the prosecution, in brief, is that the complainant, Anand Chandra Shrivas, received a phone call from his brother, Trilok Chandra Shrivas, informing him that his nephew, Aditya Pratap, had been assaulted and admitted to KIMS Hospital, Bilaspur. Upon reaching the hospital, the injured stated that on 20.02.2026 at around 7:30 PM, while having snacks near Lakhiram Auditorium with a friend, the present applicant along with his associates arrived, abused him, and assaulted him with a knife. Other companions allegedly assaulted his friends with hands and fists. The accused also threatened them with dire consequences. Based on these allegations, a non-bailable offence under Sections 109, 296, 351(3), 115(2), and 3(5) of BNS was registered (Crime No. 263/2026) at Police Station Civil Lines, Bilaspur.
Hence, this bail application.
3. Learned counsel for the applicant vehemently argued that as per the allegations made in the FIR, the applicant along with other co-accused namely Vedant Gupta & Arnav @ Yug Mishra are said to have assaulted the injured with kicks and fists and a pointed weapon. He would submit that though the injuries which have been sustained by the two injured Om Prakash Yadav and Aditya Pratap Shriwas are on the vital part of the body i.e. neck and chest and further the injuries have been mentioned to be grievous in nature but it is not dangerous to life. He would further submit that the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for grant of anticipatory bail.
4. On the other hand, learned State counsel as well as learned counsel for the objector vehemently oppose the prayer for grant of anticipatory bail and submitted that as per the FIR, the applicant along with other co-accused namely Vedant Gupta & Arnav @ Yug Mishra have been named and they have assaulted the injured with hands and fist as well as by knife and both the injured have received stab injuries on their person i.e. on neck and chest and the injury was found to be grievous in nature as per the MLC report of Aditya Pratap Shriwas. Further the learned State counsel has submitted that as per the query report, the injury of Aditya Pratap Shriwas was found to be dangerous to life. They would submit that considering the gravity of the offence, the applicant is not entitled for grant of anticipatory bail.
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, further the fact that the applicant along with other co-accused namely Vedant Gupta & Arnav @ Yug Mishra have been named and they have assaulted the injured with hands and fist as well as by knife and both the injured have received stab injuries on their person i.e. on neck and chest and the injury was found to be grievous in nature as per the MLC report of Aditya Pratap Shriwas, further as per the query report, the injury of Aditya Pratap Shriwas was found to be dangerous to life, in view of the seriousness of the offence and the manner in which it was committed and also considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the present applicant.
7. Accordingly, the anticipatory bail application of the applicant - XYZ (Minor), involved in Crime No.263/2026, registered at Police Station Civil Lines, District Bilaspur (C.G.) for alleged commission of o
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