1 2025:CGHC:4728 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 97 of 2025 Abhay Chipel S/o Shri Shiv Kumar Chipel Aged About 23 Years R/o- Bapu Upnagar, Thana- Torwa, Tahsil And District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Torwa, District- Bilaspur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Krishna Kumar Khatri, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 27/01/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suruksha Sanhita, 2023, for grant of anticipatory bail, apprehending his arrest in connection with Crime No.389/2024, registered at Police Station Torwa, District- Bilaspur (C.G.) for alleged commission of offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 296, 351(2), 115(2), 118(1)(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25 of Arms Act. 2. As per the case of the prosecution, on the night of 12.10.2024, Rahul Chauhan, the son of Sunita Chauhan, a resident of Udia School, Torwa, Bilaspur, was going to see Durga with the applicant/accused and his other friends, co-accused Rizwan Khan and Manish Kamti alias Manne. When they reached at Bajrang Bali temple in Bapu Nagar, they indulged into a fight with the accused Abhay Chhipel and co-accused due to previous animosity, assaulted the injured by hands, belts and sharp objects, causing injuries on his left leg and thigh, he was taken to his home by his friends at 4:00 am and was admitted in the hospital for treatment. Thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case. He further submits that the main co-accused person, namely, Rizwan Khan has already been granted regular bail by this Court vide order dated 20.12.2024 in MCRC No.8146 of 2024, a copy of which is also annexed as Annexure A/2. He also submits that no recovery of any weapon of assault has been made from present applicant, the prosecution has made a mistake in the investigation, and the investigating officer is taking revenge for the recent election under a political conspiracy, and the government 3 machinery is being misused. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons have assaulted the injured by hands, belts and sharp objects, causing injuries on his left leg and thigh, due to which, he was admitted in the hospital for treatment, further the applicant has 7 criminal antecedents, therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that he alongwith other co-accused persons have assaulted the injured by hands, belts and sharp objects, causing injuries on his left leg and thigh, due to which, he was admitted in the hospital for treatment, also considering the fact that co-accused, namely, Rizwan Khan, who was arrested on 12.10.2024 has been granted regular bail by this Court vide order dated 20.12.2024 in MCRC No.8146 of 2024, a copy of which is also annexed as Annexure A/2, whereas the present applicant has been absconding since 20.12.2024 and the charge-sheet has been submitted against him as an absconder, further the applicant has 7 criminal antecedents, which shows that he is a habitual 4 offender, as such, without expressing any opinion on the merits of the case, this Court does not find it a fit case to enlarge the applicant on anticipatory bail. 7. The Supreme Court, in Lavesh v. State (NCT of Delhi), reported in {(2012) 8 SCC 730} and State of Madhya Pradesh v. Pradeep Sharma, reported in {(2014) 2 SCC 171}, has observed that where the accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail. 8. Accordingly, the anticipatory bail application of the applicant - Abhay Chipel, involved in Crime No.389/2024, registered at Police Station Torwa, District- Bilaspur (C.G.) for alleged commission of offence punishable under Sections 296, 351(2), 115(2), 118(1)(2), 3(5) of BNS and Section 25 of Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Akhil