1 2025:CGHC:20720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 654 of 2025 Shamim Akhtar W/o Nissar Ali Aged About 55 Years R/o Behind Choti Masjid, Nayapara, P.S. Gol Bazaar, Raipur, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Gol Bazaar, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Shahid Siddiqui, Advocate along with Ms. Vedagni Jangde, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.05.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. 48/2025 registered at Police Station – Gol Bazaar, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333 and Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant's wife, Nahid Afreen, along with the applicant and other accused persons, with a premeditated plan, allegedly entered the complainant's house on 27.03.2024, at 11:40 a.m., and assaulted and abused him. They then ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.07 17:07:42 +0530 2 allegedly criminally intimidated him and falsely implicated him in a case by planting dangerous weapons (a rod and sword) under his bed. The complainant lodged an FIR against the applicant and other co-accused on 29.03.2024, alleging the aforementioned offenses, purportedly due to previous enmity. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in this aforesaid case. He submits that the complainant has a habit of physically abusing/assaulting his wife daily, and the applicant and other co- accused persons intervened to stop the complainant from assaulting his wife. The complainant's wife has also filed various complaints against him on 18.07.2023, 24.09.2024, and 25.09.2024. He further submits that the applicant, her brother, and nephew, being neighbors and acquaintances of the complainant's wife, would often visit the complainant's house to rescue her whenever the complainant physically abused her. Due to previous enmity between the complainant and the applicant and other accused persons, they have been falsely implicated by the complainant, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State Counsel opposes the anticipatory bail application of the applicant and submits that the applicant, along with other co-accused persons, namely Syed Nisar Ali and Syed Sameer Ali, assaulted the injured/complainant with the intention of killing, therefore, the applicant is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature and gravity of the offense, and the allegation against the applicant that she, along with co-accused persons Syed Nisar Ali and Syed Sameer Ali, assaulted the injured/complainant with the intention of killing, the applicant's case is distinguishable from the said co-accused, as she is a lady, without further commenting on merits of the case, I am inclined to grant 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 – Shamim Akhtar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) she 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 her from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of her 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek