1 2025:CGHC:3126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 99 of 2025 Saiyyed Sajid Ali S/o Saiyyed Yasin Ali Aged About 48 Years R/o House No.40/1093, Gousiya Chowk, Sanjay Nagar Raipur, District- Raipur (C.G.). ... Applicant versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station Tikrapara Raipur, District- Raipur ( C.G.). ... Non-applicant For Applicant : Ms. Fouiza Mishra, Senior Advocate assisted by Mr. Navin Shukla, Advocate For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.910/2024 registered at Police Station Tikrapara, Raipur District- Raipur, (C.G.) for the offence punishable under Sections 108, 3(5) of B.N.S. 2. Prosecution case, in brief, is that, as per the complaint lodged by the complainant Zahida Begum Wife of deceased Mohammad Shahzad Sheikh is that on 21.11.2024 at noon while she was at her house, her son Mohammad Sheikh Saif went to the roof and started KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 shouting that his father has hanged himself, when she reached there she saw that her husband has hanged himself from the Iron Rod of the roof by a Nylon Rope, thereafter with the help of the neighbours of the vicinity they untied the rope and brought him down and pumped the heart and thereafter they took him to MMI Hospital, wherein he was declared dead by the doctors. A suicide note was recovered from the son of deceased namely Sheikh Saif and in the said suicide note it has been written that on account of harassment and lodging of the FIR by the present applicant i.e. Saiyyed Sajid Ali, Moin, Nizam, Lucky, Vicky and others he is committing suicide. On the report of the complainant the FIR has been registered against present applicant i.e. Saiyyed Sajid Ali, Moin, Nizam, Lucky, Vicky and others for the offence punishable under Sections108, 3(5) of BNS and the matter was taken under investigation. 3. Learned Senior Advocate, appearing for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused Moinuddin has lodged a report against the deceased’s son Sheikh Saif and his friend Hasmi who have assaulted his son Ayanuddin and Nephew Tousif on 06.11.2024. Thereafter, the son of the deceased Sheikh Saif has compromised the matter before Thana Incharge Tikrapara Sanjay Nagar and gave assurance that the act would not be repeated. On 15.11.2024, the son of the deceased namely Mohammad Saif has lodged report at police station Raipur Kotwali of marpit committed against him Near Tagore Chowk Raipur on 06.11.2024 by Nizam, 3 Moin, Lucky & Vicky. Thereafter, on 16.11.2024 a report has been lodged by the present applicant i.e. Sayyad Sajid Ali at police Station Tikrapara Raipur against the deceased, his son and one Mohammad Hashim Sheikh, wherein it has been alleged that in continuance of the earlier alleged offence the deceased and his son came to him and demanded Rs. 500/- for drugs from his Nephew Ayanuddin and his son Sayyad Tousif Raza and assaulted them with hand and fist, the above incident has been witnessed by Sahid Ali and Shadab Ali, on the report of the present applicant FIR was registered for offence under Sections 115(2), 119(1), 296, 3(5), 351(2) of BNS 2023, against the Mohammad Saif, deceased i.e. Mohammad Sahjad Sheikh and Mohammad Hashim Sheikh on 16.11.2024 bearing crime No. 885/2024 registered at Police Station Tikrapara Raipur. 4. She further submits that the co-accused Saiyyed Moinuddin had filed the application before Thana In-charge Kotwali for taking action against the false report filed by the son of the deceased against him by stating that the son of the deceased himself committed marpit with his son and nephew on 06.11.2024. After lodging the report by both the parties the matter was compromise in police station Tikrapara and the matter was amicably resolved, this can be verified from the CCTV Footage of Tikrapara Police Station on 19.11.2024 around 08:00 to 11:00 PM and the deceased has committed suicide after he became disturbed on account of the action of his son Sheikh Saif and in order to implicate the present applicant and other persons with whom Sheikh Saif was having 4 grudge, the son of the deceased Sheikh Saif himself wrote down the suicide note and gave the note to the police implicating, the present applicant and other persons in the present crime. The above information has been given by Sayyad Yunus to Senior Superintendent of Police Raipur on 25.11.2024. She further submits that in connection to the above mentioned incident, the family members of the present applicant submitted an application on 16.12.2024 and presented it before Senior Superintendent of Police Raipur, Station House OfÏcer Police Station City Kotwali Raipur and Police Station Tikrapara and in the said application a prayer was made that CCTV Footage of 19.11.2024 may be looked and the Footage must be secured so that the real facts of the case can come into the knowledge of the police. The dispute arose between the deceased and his son due to the compromise that took place between the parties on 19.11.2024 at Police Station Tikrapara at the behest of the deceased which was not liked by the son of the deceased as he was not in favour of the compromise that took place between the parties and altercations took place between the son and father, on account of which the deceased became perturbed and committed suicide. 5. Ms. Fouziya, further submits that as per the FIR, after the death of the deceased, suicide note was given to the police by the son of the deceased after the incident took place, but there is a viral video which shows that one Anwar who is having political rivalry with the co-accused persons on account of election of Mutwalli of Sunni Hanfi Masjid, he is the person shown in the video to be taking out 5 the suicide note from his pocket and handing over to the Police OfÏcer at Police Station. While the police of police station Tikrapara was investigating on the FIR made by the applicant deceased his son and Hasim were called on 19.11.2024 for compromising by mutual consent of the parties, deceased was not arrested and he went to his house from the police station, that is why the deceased was not having any fear of getting arrested. After lodging of the FIR if the police station Tikrapara found the complaint to be correct during investigation, then charge sheet would have been presented otherwise closure report would have been filed. In this way it cannot be said that the deceased was tortured by the lodging of the FIR by the complainant and the applicant has not done any such act which can be said that he has abated the deceased. She also submits that the other co-accused persons in the concern crime number have been granted anticipatory bail by the learned 3rd Additional Session Judge Raipur and one of the co-accused person namely Sayyad Shadab Ali has been granted anticipatory bail by this Court vide order dated 10.12.2024 passed in MCRCA No. 1424/2024. Accordingly, she prays for grant of anticipatory bail to the applicant. 6. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it appears that there are cross FIRs have 6 been lodged against both the parties and further the co-accused namely Sayyad Shadab Ali has been granted anticipatory bail by this Court in MCRCA No. 1424/2024, vide order dated 10.12.2024 and the applicant has no criminal antecedent therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Saiyyed Sajid Ali, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on anticipatory 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 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal