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2025 DAILYLAW 53546 (CHH)

SUFIYAN QURAISHI v. STATE OF CHHATTISGARH

MCRCA/632/2025 · 2025-05-01

body2025

Judgment text

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1 2025:CGHC:20271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 632 of 2025 1 - Sufiyan Quraishi S/o Mohd. Israil Quraishi Aged About 24 Years R/o Ekta Chowk, Near Gas Agency, Kawardha, Police Thana City Kotwali, Kawardha, Tehsil Kawardha, District Kabirdham, Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer Police Station Civil Lines, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Mahesh Kumar Mishra, Advocate For State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/05/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.303/2024, registered at Police Station – Civil Lines (C.G.), District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 147, 148, 149, 294, 506, 307 of IPC. 2 2. As per the prosecution story, the nutshell case of the prosecution is that, Mohd. Mohsin Khan @ Chuha, Mohd. Asif, Sheik Rafik @ Rinku @ Butiya, Idrish @ Ibbu, Abdul Mehtab and Mohd. Sofiyan(present applicant), who were transferred from District Jail Kabirdham and lodge in Central Jail, Bilaspur on 01/03/2024 in a pending case under section 302,201,34 IPC under crime no. 52/2024 of police station Kawardha before the court of special court NIA, Bilaspur at around 05.45 pm, under trial prisoner Altaf was attack by Mohsin Khan @ Chuha, applicant accused and other co-accused near New Asthakon Office with intention of killing him, repeatedly hitting and assaulting Altaf Khan with a spoon made cutter/ screwdriver and using obscene language. It is also alleged that when Altaf Khan entered the Naveen Asthakone office shouting for help for help, the applicant/ accused and other accused pushed the circle gate and entered inside and when Rajesh Dawood tried to intervene, he was beaten up by all accused due to which Rajesh suffered an injury near his right eye. All the including present applicant, showed sharp knives made from spoon and screwdriver to head guard Narayan Dhrew and guard Lukesh Bhoi who were on duty and threatened to kill them all if they intervened and created an atmosphere of fear in the jail. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant was in jail when the alleged incident was 3 happened, the police is competent to initiate investigation against the all accused persons alleged to be involved in the aforesaid crime including applicant but despite the fact that all accused persons in the alleged crime are in jail, no investigation were initiated and all of sudden in a very suspicious and malafide manner immediately after the release of present applicant on bail, not police wants to arrest the present applicant in the aforesaid crime. He also submits that in a similar way, two other accused namely Idri @ Ibbu Khan and Abdul @ Mattu Khan who were granted bail by this Court, have also been arrested after their bail. He further submits that the allegations made in the FIR do not indicate any specific overt act or specific participation of present applicant. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that looking to the aforesaid offences, applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary and also considering the fact that looking to the injury near right eye of Rajesh (injured) of the complainant, I am not inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the anticipatory bail application of the applicant– Sufiyan Quraishi, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.303/2024, registered at Police Station–Civil Lines District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 147, 148, 149, 294, 506, 307 of IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali