1 2025:CGHC:33420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5135 of 2025 Nafees Bilal Qureshi S/o Hafeej Mohammad Aged About 34 Years R/o Geetanjali Vihar, Nehru Nagar, Bilaspur, Thana Civil Line, District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Basna, District Mahasamund C.G. ... Respondent For Applicant : Shri Abdul Wahab Khan, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. For objector : Shri Badruddin Khan, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.36/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.17 19:12:24 +0530 2 Basna, District Mahasamund, C.G. for the offence punishable under Sections 115(2), 296, 3(5), 351(2), 85, 82(2) of BNS and u/s 3 and 4 of Dowry Prohibition Act (as per impugned order Annexure A1). 2. Case of the prosecution, in brief, is that the victim /complainant on 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 / applicant and other co accused (mother-in-law and father-in-law) abandoned her and left her at her maternal home against her will. While opposing the act, the applicant and other accused started abusive words and hit her with fist and kick and caused her hurt. Thereafter, the police registered the FIR no 36/2025 against the applicant / accused and other accused u/s 115(2), 296, 3(5), 351(2), 85, 82(2) of BNS and u/s 3 and 4 of Dowry Prohibition act (as per impugned order Annexure A1). Subsequently, the police arrested the applicant on dated 15.06.2025 and taken matter for further investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the complainant had filed false complaint based on fabricated facts with malafide intention and for personal grudge and complainant and her family themselves called the applicant and co-accused at home place at Basna and thereafter, the complainant, her parents and other relatives assaulted the applicant and thereafter lodged false report against the applicant 3 and co-accused (applicant’s mother and father). The applicant had also made a written complaint dated 23.01.2025 to the Superintendent of Police, Mahasamund. He would submit that co- accused persons namely Hafeej Mohammad and Ameena Sheikh Qureshi have been granted anticipatory bail by this Court on 16/06/2025 vide MCRCA No.857/2025. He would submit that the applicant is in jail since 15/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel as well as learned counsel for the objector opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that co-accused persons namely Hafeej Mohammad and Ameena Sheikh Qureshi have been granted anticipatory bail by this Court on 16/06/2025 vide MCRCA No.857/2025, period of detention of the applicant since 15/06/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant-Nafees Bilal Qureshi, involved in Crime No.36/2025 registered at Police Station Basna, District Mahasamund, C.G. for the offence punishable under Sections 4 115(2), 296, 3(5), 351(2), 85, 82(2) of BNS and u/s 3 and 4 of Dowry Prohibition Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) 5 framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri