1 2025:CGHC:50944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1568 of 2025 1 - Kaif S/o Md. Istekhar Aged About 21 Years R/o Village Bargidih, Police Station And Tehsil- Lundra, District Surguja C.G. 2 - Dhaniya S/o Rahmatsah Aged About 35 Years R/o Village Bargidih, Police Station And Tehsil- Lundra, District Surguja C.G. 3 - Sabir S/o Alim Aged About 20 Years R/o Village Bargidih, Police Station And Tehsil- Lundra, District Surguja C.G. 4 - Najibullah S/o Rahmatsah Aged About 20 Years R/o Village Bargidih, Police Station And Tehsil- Lundra, District Surguja C.G. 5 - Nasiruddin Sah S/o Faruk Aged About 35 Years R/o Village Bargidih, Police Station And Tehsil- Lundra, District Surguja C.G. 6 - Asgar S/o Md. Kadir Aged About 20 Years Wrongly Mentioned As Karid), R/o Village Bargidih, Police Station And Tehsil- Lundra, District Surguja C.G. 7 - Istekhar S/o Md. Kadir Aged About 23 Years R/o Village Bargidih, Police Station And Tehsil- Lundra, District Surguja C.G. 8 - Samir @ Khalid S/o Alim Aged About 22 Years R/o Village Bargidih, Police Station And Tehsil- Lundra, District Surguja C.G. ... Applicants versus 1 - State of Chhattisgarh Through Police Station - Lundra, District Surguja C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sushil Dubey, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.14 18:54:59 +0530 2 Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.160/2025 registered at Police Station – Lundra District- Surguja (C.G.) for the offences punishable under Sections – 296, 351(3), 115(2), 191, 140(3), 333 of BNS, 2023. 2. The case of prosecution in brief is that the complainant Hajra Fiddausi submitted a written complaint against 9 persons including the present applicant before the Police Station - Lundra District- Surguja (C.G.) on 14.08.2025 stating that on 14.08.2025 at around 11:30 a.m. the accused persons entered into the house of the complainant while abusing and assaulted her son Sahil and took him in the car trunk of vehicle bearing No.CG15EG4226 and thereafter they left her son in District- Hospital Ambikapur. On the basis of written complaint, the concerned police registered an offence and took the matter under investigation. 3. Learned counsel for the applicant submits that the applicants are innocent and they have falsely been implicated in the present case. He further submits that the allegation levelled against the present applicants are that he along with other accused persons entered into the house of the complainant, abusing and assaulted her son Sahil and took him in the car trunk of vehicle bearing No.CG15EG4226 and thereafter, they left her son in District-Hospital Ambikapur (C.G). He also submits that there was a counter versions of the incident by the accused and complaint and further complaint has been registered 3 by the complainant against the accused persons but counter complaint was not registered made by the accused persons in the same incident against the complainant. Further, injury sustained by the injured are simple in nature, investigation and trial are likely to take time, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 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. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that injury sustained by the injured are simple in nature, the investigation and conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Kaif, Dhaniya, Sabir, Najibullah, Nasiruddin, Asgar, Istekhar and Samir @ Khalid 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. 4 (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/- (Ramesh Sinha) Chief Justice vaishali