1 2025:CGHC:24685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 857 of 2025 1 - Hafeej Mohammad S/o Peer Mohammad Aged About 62 Years R/o G.V. 94, Geetanjali Vihar, Nehru Nagar, Bilaspur, District Bilaspur, (C.G.) 2 - Ameena Sheikh Qureshi W/o Hafeej Mohammad Aged About 57 Years R/o G.V. 94, Geetanjali Vihar, Nehru Nagar, Bilaspur, District Bilaspur, (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through - Police Station Basna, District Mahasamund, (C.G.) ... Respondent For Applicants : Mr. Abdul Wahab Khan, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer For Objector Mr. Badruddin Khan, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.06.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 36/2025 registered at Police Station – Basna , District – Mahasamund (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), 351(2), 85, 82(2) of BNS and Section 3, 4 of Dowry Prohibitition Act. 2 2. The prosecution story, in brief, is that that, the victim /complainant on date 19.01.2025 lodged FIR at police station Basna, District Mahasamund with the averment that on the date of incident dated 18.01.2025, her husband Nafees Bilas Qureshi (co-accused), applicant no. 01 (father-in-law) and applicant no. 02 (mother-in-law) and other relatives abandoned her and leave her at her maternal home against her will. While opposing the act, the applicants and other accused started abusive words and hit her with fist and kick and caused her hurt on her leg, chest, back, shoulder. Thereafter, the police registered the FIR no 36/2025 against the applicants / accused and other accused u/s 115(2), 296, 3(5), 351(2), 85, 82(2) of BNS and Section 3, 4 of Dowry Prohibition act and taken matter for further investigation and are trying to arrest the applicants. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted by learned counsel for the applicants is that the applicants are in-laws of the victim and they are old aged persons about 62 years and 57 years respectively and are usually ill in health and there is no previous complaint against the applicants. Therefore, he prays for grant of anticipatory bail to the applicants. 4. Learned counsel for the State as well as Mr. Badruddin Khan, learned counsel for the Objector would oppose the bail application of the applicants and submits that looking to the 3 conduct of the applicants, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and looking to the fact that applicants are old aged persons about 62 years and 57 years respectively and are usually ill in health and there is no previous complaint against the applicants Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Hafeej Mohammad and Ameena Sheikh Qureshi, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) they 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 from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. 4 (e) they shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali