Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 33343 (CHH)

MD. ISMAIL KHAN v. STATE OF CHHATTISGARH

MCRCA/991/2025 · 2025-07-08

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 991 of 2025 Md. Ismail Khan S/o Md. Iqbal, Aged About 26 Years R/o Govind Nagar, P.S. Sirgiti, Tahsil And District Bilaspur C. G. ... Applicant versus State Of Chhattisgarh Through P.S. Taharbahar, District Bilaspur C.G ... Respondent For Applicant : Mr. Jai Prakash Shukla, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 392/2024 registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 324(4), 3(5) of BNS, 2023 and Sections 25 & 27 of the Arms Act 1959. 2. Prosecution story as stated by complainant Satyanarayan Dhankar in complaint dated 17-12-2024 is that Nanu Dhankar is his nephew with whom Gulshan Hadleskar had committed scuffle 2-3 months back and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 12:23:51 +0530 2 since then Hadleskar used to keep enmity with Nanu. On dated 15-12- 2024 his nephew went at his maternal uncle's village Jarwadih, where Gulshan reached at 16-12-2024 night 11:00 with his friends carrying sword, shouted by calling Nanu come out, threatened to kill and abused in filthy language, knocked the door forcefully and when house' women locked door from inside then they vandalized E-Rikshaw of Kaushal prasad, Laxmi prasad, Shiv Prasad found standing in street. Offence u/s 294, 324(4), 351(2) BNS registered against main accused Gulshan Hadleskar and during investigation offences of Arms Act 1959 also added. Present applicant has been anticipated in present case based on memorandum statement of co-accused. Thus, crime no 392/2024 registered against main accused for aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the FIR was named only against main accused namely Gulshan Hadleskar and applicant was not named in FIR and the present applicant has been implicated in this case only on the basis of memorandum statement of other co-accused. Therefore, he also prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 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 made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary especially as the co-accused 3 persons have already been granted bail by the trial court, without further commenting on the 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 applicant – Md. Ismail Khan, on executing a personal bond and 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. (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 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. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Vaibhav