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2026:CGHC:22309

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRCA No. 732 of 2026

1 - Prakashchand Sahu S/o Bhikham Lal Sahu Aged About 40 Years R/o

Aadarsh Nagar, Mowa, Tehsil And District Raipur Chhattisgarh.

2 - Angad Ram Sahu S/o Bhikham Lal Sahu Aged About 47 Years R/o

Aadarsh Nagar, Mowa, Tehsil And District Raipur Chhattisgarh.

3 - Lakshya Sahu S/o Angad Ram Sahu Aged About 18 Years R/o

Aadarsh Nagar, Mowa, Tehsil And District Raipur Chhattisgarh.

... Applicants

versus

State of Chhattisgarh Through Station House OfÏcer P.S. Pandri, District

Raipur Chhattisgarh.

... Non-applicant

For Applicants : Mr. Shalvin Sharma, Advocate.

For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

12.05.2026

1. This first anticipatory bail application under Section 482 of the

Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the

applicants, who are apprehending their arrest in connection with

Crime No. 97/2026 registered at Police Station Pandri, District

Raipur, (C.G.) for the offence punishable under Sections 115(2),

296, 333, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

RAHUL

DEWANGAN

Digitally

signed by

RAHUL

DEWANGAN

2

2. As per the prosecution’s case, in brief is that from FIR No. 97/2026,

a dispute arose on 12.04.2026 between the complainant Manoj

Verma and the family of the present applicants regarding the repair

of a wall damaged during construction work. It is further alleged that

the applicants used abusive language and forcibly entered into the

house of the complainant, where they assaulted him with a rod-like

object, as a result of which the complainant sustained injuries.

Hence, the present anticipatory bail application.

3. Learned counsel for the applicant submits that the present case

arises out of a sudden and spontaneous quarrel between

neighbours and there was no premeditated intention or preparation

required for the alleged offence under Section 333 of the BNS. He

further submits that it is pertinent to mention that as per FIR No.

98/2026 (counter FIR), the complainant Manoj Verma was the

aggressor and he had assaulted the applicants with sticks, causing

injury to applicant No. 3 on his left shoulder. It is further submitted

that applicant No. 2 Angad Ram Sahu also sustained severe head

injuries for which a CT scan of brain was conducted, wherein it has

been revealed that his cistern, cortical sulci and ventricular system

are noted to be disproportionate and he is also suffering from mild

chronic left maxillary sinus disease, the copy of which is annexed as

Annexure A-4. It is further submitted that the injuries sustained by

the complainant are simple in nature as reflected from the

applicability of Section 115(2) of the BNS, which is a bailable

offence. He also submits that applicant No. 3 is a young student and

his continued incarceration would seriously affect his education and

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future prospects. It is further submitted that this is a case of cross-

version where both parties have sustained injuries and the question

as to who was the aggressor is a matter of trial, thus the principle of

parity is also applicable. It is also submitted that the investigation is

substantially based on documentary evidence and statements of

neighbours, hence there is no likelihood of tampering with evidence.

It is further submitted that the applicants have no criminal

antecedents and are permanent residents of Raipur, therefore there

is no possibility of absconding. Hence, it is prayed that the

applicants be granted anticipatory bail.

4. On the other hand, learned State counsel, appearing for the non -

applicant/State, opposes the submission made by the learned

counsel for the applicant and submits that the present case arises

out of a serious incident of assault wherein the complainant Manoj

Verma was attacked by the applicants by using a rod-like object, as

a result of which he sustained injuries. It is further submitted that the

investigation has revealed the active involvement of the applicants

in t