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2025 DAILYLAW 42237 (CHH)

SHEIKH DANISH v. STATE OF CHHATTISGARH

MCRCA/1406/2025 · 2025-09-11

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Judgment text

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1 2025:CGHC:46894 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1406 of 2025 • Sheikh Danish S/o Sheikh Ayub Aged About 23 Years R/o Jalaram Gali, Vinoba Nagar, Main Post Office, Bilaspur P.S. Civil Lines Dist- Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through P.S. Torwa Dist- Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Satyendra Shrivas, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 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.111/2025 registered at Police Station – Torwa District-Bilaspur (C.G.) for the offences punishable under Sections – 296, 351(2), 115(2), 132, 221, 121(1) and 3(5) of the BNS, 2023. 2. The case of prosecution is that, on 04.03.2025, the head constable Dular Saye Toppo received information from SHO that some people were playing holi and playing music at Hemu Nagar near Bandhwapara Talab and throwing water over the people passing by VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.15 17:42:36 +0530 2 the area, when head constable Dular Saye Toppo and Nagar Sainik Punni Ram reached the place and asked them to stop throwing water, getting upset from being stopped the applicant along with other co-accused persons has assaulted and obstructed head constable namely Dular Saye Toppo and Nagar Sainik Punni Ram while they were on duty. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that applicant has not assaulted the Head Constable namely Dular Saye Toppo and Nagar Sainik Punni Ram and at the time of the incident applicant was resolving the dispute among some drunken persons quarreling infront of the shops and so far as the injuries sustained to the injured are concerned, which are simple in nature. It is further submitted that trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and injuries sustained by the injured are simple in nature, investigation and trial is likely to take quite long time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sheikh Danish 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) 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 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/ Sd/- (Ramesh Sinha) Chief Justice vaishali