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2025 DAILYLAW 51617 (CHH)

MOHAMMAD ASIF v. STATE OF CHHATTISGARH

MCRC/9065/2025 · 2025-11-11

body2025

Judgment text

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1 2025:CGHC:55197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9065 of 2025 Mohammad Asif S/o Mohammad Farukh Aged About 34 Years (Wrongly Mentioned As Ashif In The Cause Title Of The Impugned Order), R/o Housing Board Colony, Sejbahar Police Station Mujgahan, District Raipur (C.G.) ... Applicant Versus State Of Chhattisgarh Through - Station House Officer, Police Station - Civil Line District Bilaspur (C.G.) ... Respondent(s) For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 303/2024 registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 147, SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.11.13 18:50:27 +0530 2 148, 149, 294, 506 and 307 of IPC. 2. Case of the prosecution, in brief, is that Mohd. Mohsin Khan @ Chuha, Mohd. Asif (applicant), Sheik Rafit @ Rinku @ Butiya, Idrish @ Ibbu, Abdul Mehtab and Mohd Sofiyan, who were transferred from District Jail Kabirdham and lodged in Central Jail, Bilaspur on 01.03.2024 in a pending case under Section 302, 201, and 34 of IPC under Crime No. 52/2024 of Police Station Kawardha before the Court of Special Court NIA, Bilaspur at around 5:45 PM, within the premise the present applicant and other accused persons jointly attacked under trial prisoner Altaf Khan with intention of killing him. On the written report of the Jail Superintendent, FIR No. 303 of 2024 was registered against the applicant. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant along with 6 other accused are said to have assaulted the inmates of jail, there was some quarrel between them on account of which the applicant along with co-accused have assaulted 4 injured persons with screwdriver and spoon. It is further submitted that the applicant is in jail since 13.06.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail 3 application and submits that the applicants were in jail in a criminal case under Section 302 of IPC, and some quarrel took place between the applicant and the injured persons, on account of which applicant along with other co-accused persons are said to have assaulted the 4 injured persons with spoon and screwdriver, 3 injured have sustained simple injuries but one injured has sustained grievous injuries, and the trial is under progress, and the incident is a serious one. As such, the bail application deserves to be rejected. 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 and also considering the fact that the applicants were in jail in a criminal case under Section 302 of IPC, and some quarrel took place between the applicant and the injured persons, on account of which applicant along with other co- accused persons are said to have assaulted the 4 injured persons with spoon and screwdriver, 3 injured have sustained simple injuries but one injured has sustained grievous injuries and particularly considering the fact that the bail application of the co-accused namely Sufiyan Quraishi has been rejected vide order dated 07.11.2025 passed in MCRC No. 8746 of 2025 and the trial is under progress, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on 4 regular bail. 7. Accordingly, this bail application of applicant – Mohammad Asif involved in Crime No. 303 of 2024 registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 506 and 307 of IPC, is rejected at this stage. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh