MCRCA/1699/2026 of JITENDRA SAHU Vs STATE OF CHHATTISGARH on 12 October 2026

1. Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 225/2026 registered at Police Station- Mungeli, District - Mungeli (C.G.) for the offence punishable under Sections 115 (2), 191 (2), 296, 351 (3) & 117 (2) of BNS, 2023 and under Section 25 & 27 of the Arms Act, 1959 (not mentioned in the FIR but mentioned in the impugned order).

2. Case of prosecution, in brief, is that the applicant is presently the Sarpanch of Village Panchayat – Nirjaam. On 25.07.2026, an altercation took place between the complainant and one Devprasad Sahu near government well of Village Nirjam. During the said altercation, the applicant along with other co-accused persons also assaulted the complainant upon which, he ran to the house of his uncle Manoj Singh Parihar. It is further alleged that when the complainant along with his grandfather Keshav Singh Parihar went to the house of the applicant, he along with other co-accused persons abused, threatened them and again assaulted the complainant with wooden stick. Based on the aforesaid allegation, crime was registered in the aforesaid police station, against which the applicant is apprehending his arrest.

3. Learned counsel for the applicant would submit that the applicant is innocent. He has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that according to the allegations made in the F.I.R., initially there was some dispute with Devprasad Sahu and thereafter, the other co-accused persons including the applicant had also joined and there was a pre-fight between the two grounds/family members. Applicant has not participated in the alleged quarrel between the two groups, however, due to political rivalry and applicant being Sarpanch of Village Panchayat – Nirjam, he has also been implicated in the crime. He contended that the according to the FIR, allegation of assault is against the other co-accused persons who were five persons and they have assaulted by means of wooden stick. Applicant is a Sarpanch. There are no chances of his absconding and he will co-operate and participate in the investigation. Hence, he may be enlarged on bail.

4. On the other hand, learned State counsel opposes the submission of counsel for applicant and would submit that as per allegation, the applicant also participated in the quarrel and in the quarrel, Vanshraj

Suffered three injuries including 02 contusions and one fracture on the collar bone.

5. I have heard learned counsel for the respective parties.

6. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, the fact that initially the quarrel took place with Mr. Devprasad Sahu and as per allegation, the other family members joined them, applicant is holding the post of Sarpanch, Village Panchayat – Nirjaam, without commenting anything on merits, I am inclined to allow this anticipatory bail application.

7. Accordingly, application is allowed and it is directed that in the event of arrest of applicant, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:

(i) that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;

(ii) that 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv) that 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

8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) Dey

Judge SHUBHAM DEY Digitally signed by SHUBHAM DEY