1 2025:CGHC:43693 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1282 of 2025 • Mohammed Ashfaq Qureshi S/o Shri Salim Qureshi Aged About 40 Years R/o Kasaridih, Durg, Tahsil And District - Durg Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S. - Mungeli (Wrongly Mentioned As City Kotwali In The Order Sheet), Mungeli, Distt - Mungeli Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Priyanka Rai, Advocate For Respondent/State : Ms. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/08/2025 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.387/2024 registered at Police Station – City Kotwali, District- Mungeli (C.G.) for the offences punishable under Section 296, 351(2) and 308(2) of the BNS. 2. Case of the prosecution, in brief, is that the complainant who is wife of the applicant lodged a report on 07.10.2024 before the police with an allegation that on 04.09.2024 at about 8:30 pm the applicant who VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.29 17:31:35 +0530 2 is her husband came to transit hostel, Mengeli where she is residing and abused her and threatened her for making complaint against him to the police authorities. On the basis of the said report offence under Section 296, 351(2), 308(2) was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It has been argued by learned counsel for the applicant is that applicant and complainant/wife are husband-wife and proceedings going on between them for dissolution of marriage under Section 2 of the Muslim Marriage Act before the Family Court, Raipur and the allegation made by the complainant/wife levelled against the applicant is that applicant abused the complainant and threatened her. He also submits that applicant has one criminal antecedent vide crime No. 114/2024 under Section 294 and 506 of IPC and investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that applicant has one criminal antecedent vide crime No. 114/2024 under Section 294 and 506 of IPC. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that proceedings going on between them for dissolution of marriage under Section 2 of the Muslim Marriage Act 3 before the Family Court, Raipur, applicant has one criminal antecedent vide crime No. 114/2024 under Section 294 and 506 of IPC on the complaint made by complainant/wife, investigation and trial are likely to take time, therefore, 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 – Mohammed Ashfaq Qureshi 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 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 vaishali