1 2025:CGHC:40946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1199 of 2025 Abdul Kayyum S/o Late Shri Abdul Sattar Aged About 47 Years R/o 240/46, Nizamuddin Chowk Sanjay Nagar, Tikrapara, Distt. - Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station, Civil Line, Raipur C.G. ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Soumya Rai, PL. For complainant : Shri Gagan Tiwari, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.282/2025 registered at Police Station –Civil Line, Distt. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:32:49 +0530 2 Raipur (C.G.) for the offences punishable under Sections 212, 216, 217, 229, 230, 231, 232, 233, 237, 308(1), 308(6), 308(7), 111 of B.N.S., 2023. 2. Case of the prosecution, in brief, is that an order was passed U/s 176(3) BNSS by the court of Judicial Magistrate First Class, Raipur on 17.06.2025, filed by one Mohd. Naeem for registering a case under sections 212, 216, 217, 229, 230, 231, 232, 233, 237, 308(1), 308(6), 308(7), 111 of B.N.S., 2023, against the applicant and other accused persons. It has been alleged by the complainant that the applicant along with the other accused persons had gotten the false case registered against the complainant in order to extort money from him. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated by the complainant and police authorities. He would submit that previously case filed against the complainant is FIR bearing No.361/2020 for an offence punishable under Section 354 of IPC, 1860 and Section 8, POCSO Act, 2012 was registered by the police of P.S: Civil Lines, Raipur (C.G.) against Naeem Rizvi (the complainant of the present matter) and during the investigation, the Police didn't find a case to be made out and filed a closure report. He would further submit that other co-accused persons have been granted anticipatory bail/ regular bail by the trial court and the allegations against the applicant and the afore-mentioned co-accused are 3 similar, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as also learned counsel for the complainant opposes 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 & circumstances of the case, submissions of learned counsel for the parties and also considering the fact that other co-accused persons have been granted anticipatory bail/ regular bail by the trial court, without further commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Abdul Kayyum, 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) The applicant 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) The applicant shall not act in any manner which will 4 be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri