Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23854
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 834 of 2025 Mohd. Ateeq S/o. Moinuddin Aged About 49 Years Caste - Musalman, R/o. Vil- lage - Takiyapara Ranpurkhurd, P.S. And Tahsil - Ambikapur, Dist. Surguja (C.G.)
... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station - Ambikapur, Dist. Surguja (C.G.)
... Non-Applicant For Applicant : Mr. A.N. Pandey, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.06.2025 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. 268/2025, registered at Police Station – Ambikapur, District- Surguja (C.G.) for alleged commission of offence punishable under Sections 296, 351(3), 115(2), 3(5), 324(2), 191(2) and 331(5) of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.16 11:45:39 +0530
2 2 As per the prosecution story in brief, on 18.04.2025 about 7.00 am complainant Sahhid Ansari, lodged the written complaint before the Police Station - Ambikapur alleging that the main accused Ramzan and other accused, came in the house of complainant and forcibly dragged them out of the house and abused them and beaten to them with hands, fists and sticks. On the basis of report, police registered the alleged offence against the present applicant and one other accused person. 3 The learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the case. He further submits that initially the FIR was registered for the offences punishable under Sections 296, 351(3), 115(2) and 3(5) of BNS which are bailable one, during the course of investigation, offence under Section 331(5) of BNS has been added. He further submits that the applicant has no connection whatsoever with the incident and the applicant has never had any dispute or fight with the complainant and neither has any incident been caused by him. He further submits that the applicant has no previous criminal antecedents. Hence, he prays for grant of anticipatory bail to the applicant.
4 On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that from the perusal of the records available, it appears that the applicant and other co-accused persons accused the complainant and his family members of theft, forcibly dragged them out of their house, abused them and beat them with fists and sticks, resulting in injuries to six persons, including head injuries to two women. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 3 5 I have heard learned counsel for the parties and perused the material available on record. 6 Considering the facts and circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it appears that the applicant and other co-accused persons accused the complainant and his family members of theft, forcibly dragged them out of their house, abused them and beat them with fists and sticks, resulting in injuries to six persons, including head injuries to two women, I am not inclined to grant anticipatory bail to the applicant. 7 Accordingly, the Anticipatory Bail application of the applicant – Mohd. Ateeq, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 268/2025, registered at Police Station – Ambikapur, District- Surguja (C.G.) for alleged commission of offence punishable under Sections 296, 351(3), 115(2), 3(5), 324(2), 191(2) and 331(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti