1 2025:CGHC:33039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1038 of 2025 • Sayyed Nissar Ali S/o Sayyad Hussain, Aged About 53 Years R/o Behind Choti Masjid, Nayapara, Raipur District Raipur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Police Station Gol Bazaar, District Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Altaf Siddiqui appeared through video conferencing and Mr. Vedangi Jangde, Advocate For Respondent/State : Mr. Swajeet Singh Upweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2025 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.48/2025 registered at Police Station – Gol Bazar for the offence punishable under Section 296, 351(2), 115(2), 333 & 3(5) of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.17 11:52:32 +0530 2 2. Prosecution case in brief is that the complainants' wife Nahid Afreen including the applicant & other accused person with pre meditated mind while criminally conspiring with each other entered the house of the complainant on 27.03.2025 at 11:40 A.M., and assaulted & abused him. Thereafter, they criminally intimidated and falsely implicated the complainant in false case by keeping dangerous weapons (rod and sword) under the complainants' bed. Consequently, an FIR was lodged against the applicant and other co accused on 29.03.2025 by the complainant, falsely implicating on the above mentioned offences due to previous enmity. 3. Learned counsel for the applicant would submits that the applicant is innocent person and he has been falsely implicated in the present case. They further submits that the complainant has the habit of physically abusing his wife on a daily basis and applicant and other accused persons came to stop the complainant from assaulting his wife. The wife of the complainant has also filed various complaints against the complainant. They further submits that the applicant, his sister and son are neighbor of the complainant and acquaintance of his wife, the applicant and other accused person went to the complainant’s house to rescue his wife. They also submits that applicant’s sister has already been granted anticipatory bail by this Court in MCRCA No. 654 of 2025 vide order dated 06.05.2025. Due to previous enmity between the complainant and the applicant and other accused persons, they have been 3 falsely implicated by the complainant, therefore, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature and gravity of the offense, looking to the fact that due to previous enmity between the complainant and the applicant and other accused persons, applicant has been falsely implicated by the complainant, co-accused has already been granted anticipatory bail by this Court in MCRCA No.654 of 2025 vide order dated 06.05.2025, without further commenting on merits of the case, 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 applicant Sayyed Nissar Ali, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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. 4 (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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 applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali