Extracted from the PDF above. The PDF is authoritative.
{M.Cr.C.(A)No.707/2025}
2025:CGHC:22010
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 707 of 2025 Kamar Ali Meman @ China, S/o Yunus Memon, Aged about 38 years, R/o Masanganj, Bilaspur, Thana Civil Line, District Bilaspur, Chhattisgarh
... Applicant versus State of Chhattisgarh, Through Station House Officer, Police Station Civil Line, Bilaspur, District Bilaspur, Chhattisgarh
... Non-applicant For Applicant : Mr. Ajay Ayachi, Advocate. For Non-applicant : Mr. Ajay Pandey, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.05.2025
1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.304/2024, registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 294, 506, 307 and 34 of the Indian Penal Code (IPC). 2. As per the prosecution story in brief, on 22-3-2024, a dispute arose between the applicant herein and co-accused persons on the one hand and the injured persons on the other hand as there was previous enmity between them and the SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.13 18:39:43 +0530
{M.Cr.C.(A)No.707/2025} accused persons have assaulted the injured person and threatened him to commit murder, as a result of which the injured sustained injury and the present offence has been registered against the applicant. Hence, this application. 3. Learned counsel for the applicant submits the applicant is completely innocent and no single evidence has been collected by the prosecution which shows that the applicant has not committed any offence. Therefore applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that that the incident took place in jail between two groups which led to lodging of two FIRs by the Jailer, one being the present FIR under Crime No.304/2024 and the other being FIR under Crime No.303/2024 for offence punishable under Sections 147, 148, 149, 294, 506 & 307 of the IPC in which the present applicant is one of the co-accused and in which, anticipatory bail was sought by the co-accused which has been rejected by this Court vide order dated 2-5-2025 passed in M.Cr.C.(A)No.632/2025 (Sufiyan Quraishi v. State of Chhattisgarh).
He further submits that the applicant is the most wanted criminal and in a case arising out of S.T. No.12/2018 for offence under Section 302 of the IPC, the applicant herein has been convicted by the trial Court against which he has preferred an appeal before this Court in which he has been acquitted by this Court vide judgment dated 9-1-2025, however, bail of the co-accused in the present FIR has been rejected by this Court and therefore the police is searching for the applicant in the present case, as bail of the co-accused in the present FIR has already been rejected by this Court. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. Page 3 of 3 {M.Cr.C.(A)No.707/2025}
5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and further that anticipatory bail application of the co- accused in counter case has already been rejected, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Kamar Ali Meman @ China, filed under Section 482 of the BNSS, 2023 in connection with Crime No.304/2024, registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 294, 506, 307 and 34 of the IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice Soma