1 2025:CGHC:40840 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1233 of 2025 Dheeraj Sarfraj S/o Phoolchand Aged About 49 Years R/o Village Nayapara Mahasamund, Police Station - Mahasamund, Tahsil And District - Mahasamund Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Mahasamund, District Mahasamund Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pawan Kesharwani, Advocate For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 184/2024 registered at Police Station – Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 147, 148, 294, 323, 307, 506(B) of the IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Prosecution case in brief is that the complainant forwarded a verbal complaint to the police station that he is the owner of the Kesariya Dhaba, Ghodari Mahasamund, alleging that on 16.04.2024 at about 01.00 pm when he was taking rest after closing the Dhaba and workers were playing cricket at that time applicant came to his Dhaba for dinner and asked for food but he replied that the Dhaba has been closed, therefore, they were unable to arrange the food. Hearing this applicant's party became angry and started abusing and committed mar-pit with them, therefore, they have suffered injuries and one of them has received head injury, on the basis of complaint, the police station Mahasamund registered Crime No. 184/2024 for offence under section 147, 148, 294, 323, 307, 506 (B) of I.P.C. against the applicant and his son Sahil and others. 3. Learned counsel for the applicant submits that the applicant is innocent and asserts that he has not committed any offense, particularly against the complainant. Furthermore, the applicant alleges that he has also lodged an FIR against the complainant and others, but the police have taken no action. The applicant suffered grievous injuries on his head and other parts of their body during the incident and underwent an MLC. The applicant's son and son-in- law also sustained grievous injuries in the same incident. Despite the applicant's efforts to seek redress, the police station Mahasamund failed to investigate their complaint, prompting the applicant to approach the Superintendent of Police, who directed the Additional Superintendent of Police to investigate and submit a report. The Additional Superintendent of Police conducted an 3 inquiry and submitted a report, which is annexed along with other relevant documents. He further submits that notably, the applicant's son namely Sahil Sarfaraz has already been granted anticipatory bail by this Court vide order dated 12.06.2025 in MCRCA No. 600/2024 with the observation that the injuries sustained were simple in nature. He also submits that the police station Mahasamund registered a Crime No. 82/2024 offence under section 304-A, 304, 201 and 420 of I.P.C. in which the applicant was arrested on 14/07/2024 and he was granted bail by this Court on 20/09/2024, but the police station Mahasamund has not arrested the applicant knowing fully well that he is in custody in Crime No.82/2024. Further, the applicant after being granted bail in the said case, had so many times appeared before the learned trial Court but that time also he had never been arrested by the police station Mahasamund. The non-bailable offences was not made out against the applicant therefore, he has not been arrested by the police. So far as criminal antecedents of the applicants are concerned, though the applicant have 19 previous cases registered against him, but all the said cases are old and stale and further the applicant has already been acquitted in most of the cases. All the antecedents of the applicant has been explained in para 4A of the bail application. The collector Mahasamund has initiated externment proceeding against the applicant and passed an order on 15/7/2024 in which the applicant was restricted to enter in 6 district period of 1 year which has been completed on 15/07/2025 and the externment order has been challenged before the Hon'ble 4 Supreme Court, therefore, present applicant filed the present application delayed before the learned trial Court and this Court. Hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant and also the submissions made by learned counsel for the applicant and submits the applicant has a history of 19 criminal antecedents, which itself shows that the applicant is a habitual offender. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, also considering the fact that applicant's son namely Sahil Sarfaraz has already been granted anticipatory bail by this Court vide order dated 12.06.2025 in MCRCA No. 600/2024 with the observation that the injuries sustained were simple in nature and the case of the present applicant is identical to that of his son and further the applicant himself has suffered grievous injuries on his head and other parts of their body during the incident and underwent an MLC and so far as criminal antecedents of the applicant are concerned, though he has a history of 19 criminal antecedents, but all the cases are old and stale and further he has already been acquitted in most of the cases, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the Applicant. 5 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dheeraj Sarfraj, on executing a personal bond with one local 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 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 Akhil