1 2025:CGHC:4538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 102 of 2025 Irshad Mirja S/o Shri Shabbir Mirja Aged About 34 Years R/o Barampur, Sarvamangala Nagar Tehsil Katghora, District Korba Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Kotwali, District Korba Chhattisgarh. ... Non-applicant For Applicant : Mr. Rohit Sharma, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.01.2025 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. 614/2024 registered at Police Station – Kotwali, District- Korba (C.G.) for the offence punishable under Sections 74 and 296 of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 17.10.2024, at around 11:30 PM, the victim was returning home from her friend’s birthday celebration near the old bus stand. When she reached RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.25 14:09:09 +0530 2 Sonaliya Bridge, the present applicant, namely, Irshad Mirza, who was intoxicated, approached her and tried to grab her hand and also molested her. The victim, after being harassed, called her brothers on the spot. When Irshad Mirza continued to trouble her excessively, she attempted to jump off Sonaliya Bridge. At that moment, her brothers arrived and saved her. Irshad Mirza then started threatening her brothers. As the situation escalated, a physical altercation occurred between Irshad Mirza and the victim’s brothers. Following the incident, Irshad Mirza lodged a complaint at Kotwali Police Station. However, it was Irshad Mirza himself who had molested the victim and used abusive language. Subsequently, a complaint was also lodged against him. Hence, this bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that on 17.10.2024, at around 12:30 am, the applicant was returning home after drinking at a bar in Palm Mall, Korba. Near Sonaliya Chowk, he met two girls named Tania and Kavya, whom the applicant knows. Among them, Tania was trying to suicide, and Kavya stopped the applicant to seek his help in calming Tania. While the applicant was trying to assist, a boy who was present with them spoke rudely to the applicant. Following this, that boy, along with others named Sona, Gautam, and Sanu, whom the applicant recognizes and who are residents of Korba, arrived at the scene. They started abusing the applicant with obscene language. Then the group assaulted the applicant using hands, fists, and a belt, and 3 threatened to kill him. Later, while the applicant was on his way to home, the same individuals assaulted him again near Fokatpara railway tracks. As a result of the attack, the applicant sustained injuries on both his palms, forehead, and back. After the incident, the applicant went home and informed his younger brother and other family members. Thereafter the applicant lodged a complaint in the Police Station Kotwali, District Korba on which FIR No. 610/2024 was registered. Copy of FIR is annexed as Annexure A/ 2. He further submits that the present applicant was being pressurized to withdraw the said report and not to take any legal action and was being threatened to be falsely implicated in any case and due to the same reason as an afterthought the complainant has lodged a false report against the present applicant. He also submits that the present applicant has no criminal antecedents. Therefore he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the present applicant tried to grab her hand and also molested her. The victim, feeling harassed, called her brothers on the spot. When the present applicant continued to trouble her excessively, she attempted to jump off Sonaliya Bridge. At that moment, her brothers arrived and saved her. Thereafter the present applicant started threatening her brothers and used abusive language, therefore he is not entitled for grant of anticipatory bail. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that on 17.10.2024, while returning home after drinking at a bar in Palm Mall, Korba, the applicant met two girls, Tania and Kavya, near Sonaliya Chowk, Tania was attempting suicide, and Kavya stopped the applicant to seek his help in calming her, while assisting, a boy with them spoke rudely to the applicant, and later, along with Sona, Gautam, and Sanu, assaulted him using fists, a belt, and abusive language, and also threatened to kill him, the group attacked him again near Fokatpara railway tracks, causing injuries to his palms, forehead, and back, thereafter, the applicant lodged a complaint at Kotwali Police Station (FIR No. 610/2024, Annexure A/2), further the fact that the applicant was being pressurized to withdraw the said complaint and also threatened to falsely implicate in some other case, further the applicant has no criminal antecedents, therefore, 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 – Irshad Mirja, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 5 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 Rahul Dewangan