PRIYA NAMDEV vs STATE OF CHHATTISGARH

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CGHC010326592026 2026:CGHC:38363
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No.1415 of 2026
Priya Namdev D/o Ganesh Prasad Namdev Aged About 29 Years
R/o Gadabuda, West Chirmiri, Podi, Police Station- Podi, Tahsil -
Chirmiri, District - Manendragarh-Chirmiri-Bharatpur (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police
Station- Podi, District - Manendragarh-Chirmiri-Bharatpur (C.G.)
... Non-Applicant
For Applicant : Mr. Malay Shrivastava, Advocate.
For Non-applicant/State : Ms. Monika Thakur, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
31.08.2026
1. This anticipatory bail application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by
SISTLA
NEELIMA
VISHNU
PRIYA
the Applicant who is apprehending her arrest in connection
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.01
11:35:58 +0530

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with Crime No.106/2026 registered at Police Station – Podi,
District Manendragarh-Chirmiri-Bharatpur (C.G.) for the
offences punishable under Sections 296, 351(2), 115(2),
118(1), 118(2), 324, 333 and 3(5) of BNS.
2. As per the case of prosecution, the Applicant and the victim
Kalim were in a relationship and the Applicant was in
possession of certain documents belonging to him. On
01.07.2026, Kalim allegedly abused the Applicant when she
refused to return the said documents and thereafter assaulted
her. Upon witnessing the incident, the Applicant’s brother
allegedly assaulted Kalim with a spade, causing injuries to
both his hands. Based on these allegations, the offences as
mentioned above 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 submitted that the incident arose out of a dispute
between the Applicant and the victim Kalim Mohammad, who
had allegedly abused and assaulted the Applicant,
whereupon the Applicant’s brother intervened to rescue her
and is alleged to have assaulted Kalim Mohammad with a
spade. It is further submitted that the present FIR has been
lodged by Kalim Mohammad as a counterblast to the FIR

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lodged by the Applicant with an intention to implicate the
Applicant and her family members. He further submits that
the Applicant’s brother, against whom the principal allegation
of assaulting the victim with a spade has been levelled, has
already been granted regular bail by the learned Additional
Sessions Judge, Chirmiri, District Manendragarh-Chirmiri-
Bharatpur, in Bail Petition No.85/2026, and co-accused
Nirmala Namdev has also been granted anticipatory bail by
this Court vide order dated 20.08.2026 passed in M.Cr.C.A.
No.1373/2026 and Kalim Mohammad has also already been
granted anticipatory bail by this Court vide order dated
11.08.2026 passed in M.Cr.C.A. No.1294/2026. It is,
therefore, submitted that the Applicant, being a lady, may also
be granted bail on the ground of parity.
4. Per contra, learned State Counsel opposes the bail
application.
5. Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary, the
nature of allegations, the fact that the principal allegation of
assaulting the victim with a spade is against the Applicant’s
brother, who has already been granted regular bail by the
learned Additional Sessions Judge, Chirmiri, District
Manendragarh-Chirmiri-Bharatpur, in Bail Petition No.85/2026

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and further considering that co-accused Nirmala Namdev and
Kalim Mohammad have already been granted anticipatory
bail by this Court vide orders dated 20.08.2026 passed in
M.Cr.C.A. No.1373/2026 and 11.08.2026 passed in M.Cr.C.A.
No.1294/2026 respectively and that the Applicant is a lady,
without further commenting on the merits of the case, this
Court is of the considered opinion that the Applicant is entitled
to the benefit of parity.
6. Accordingly, the instant MCRCA is allowed and it is directed
that in the event of arrest of the Applicant – Priya Namdev on
executing a personal bond with one surety in the like sum to
the satisfaction of the arresting Officer, she shall be released
on bail on the following conditions:-
(a) The Applicant/s 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/them from disclosing such
fact to the Court.
(b) The Applicant/s shall not act in any manner
which will be prejudicial to fair and expeditious
trial.
(c) The Applicant/s shall appear before the trial
Court on each and every date given to
him/her/them by the said Court till disposal of the
trial.
(d)The Applicant/s and the surety shall submit a
copy of his/her/their adhaar card along with a
colored postcard full size photo having printed the
adhaar number on it, which shall be verified by
the trial Court.
(e)The Applicant/s shall not involve

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himself/herself/themselves in any offence of
similar nature in future.

Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Priya