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2025 DAILYLAW 53318 (CHH)

WASIM AKRAM ALIAS WASIM BABU v. STATE OF CHHATTISGARH

MCRCA/1628/2025 · 2025-10-16

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Judgment text

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1 2025:CGHC:51933 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1628 of 2025 Wasim Akram Alias Wasim Babu S/o Sheikh Sultan Aged About 32 Years R/o Near Hamar Hospital, Nurani Chowk Civil Line Raipur, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Khamhardih, Dist. Raipur C.G. ... Non-applicant For Applicant : Mr. Arvind Sinha, Advocate For Non-applicant : Mr. S.S.Baghel, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 150/2025 registered at Police Station – Khamhardih, District- Raipur (C.G.) for the offence punishable under Sections 296, 351(3), 191(3), 190, 333, 109 and 324(4) of the Bhartiya Nyaya Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.17 20:42:31 +0530 2 2. As per the case of the prosecution, on the date of the incident, i.e., 07.07.2025, at around 11:00 P.M., the co-accused Sanjay Chaudhary was allegedly disposing of leftover food near his residence, when the first informant, Shri Rakesh Chand Tiwari, attempted to restrain him from doing so. This led to an altercation between the two. The situation escalated when the son of the first informant, along with certain other individuals, came out of their house and allegedly began abusing Sanjay Chaudhary. In response, some neighbors, namely Yasin Sheikh and his nephew, came out in support of Sanjay Chaudhary, and a physical confrontation ensued between the two groups. The prosecution further alleges that thereafter, Yasin Sheikh and his associates unlawfully entered the house of the first informant and physically assaulted the family members, resulting in injuries. Pursuant to the incident, Shri Rakesh Chand Tiwari lodged a First Information Report (FIR) on 08.07.2025 at around 6:15 A.M. at Khamardih Police Station, Raipur (C.G.). 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the present case. It is further submitted that co-accused persons, namely Raghav Agrawal and Sanjay Choudhary, have already been granted regular bail by this Hon’ble Court in MCRC Nos. 6610 of 2025 and 7724 of 2025, respectively, and some other co- accused have also been granted regular bail by the learned Trial Court. So far as the present applicant is concerned, it is alleged 3 that he had threatened the injured while he was admitted in the hospital, asking him not to take any action. However, learned counsel contends that the role attributed to the applicant is similar in nature to that of the co-accused who have already been enlarged on bail. The applicant is willing to abide by all the conditions and directions that may be imposed by this Hon’ble Court at the time of granting anticipatory bail. Therefore, it is prayed that the applicant may be granted the benefit of anticipatory bail. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further taking into account the fact that co-accused persons, namely Raghav Agrawal and Sanjay Choudhary, have been granted regular bail by this Court in MCRC Nos. 6610 of 2025 and 7724 of 2025, respectively, and that some other co-accused have been granted regular bail by the trial Court, and also noting that the case of the present applicant is similar to that of the said co- accused, this Court, without commenting on the merits of the case, is of the opinion that it is a fit case to extend the benefit of 4 anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Wasim Akram alias Wasim Babu, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) He should 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 should not act in any manner which will be prejudicial to fair and expeditious trial. (c) He should 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 sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek