1 2025:CGHC:58438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1869 of 2025 • Ismail Saifee Khan S/o Moiz Saifee Aged About 41 Years R/o Sarju Bagicha, Gyanam Palace, Khaparganj, P.S. - City Kotwali District- Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through- Police Station- Torwa, District- Bilaspur (C.G.) ... Respondent (Caus title is taken from Case Information System) For Applicant : Mr. Sunil Otwani, Senior Advocate with Mr. Rohan Shukla, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.12.2025 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.232/2025 registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 89 and 3(5) of BNS, 2023. 2. The prosecution story, in brief, is that on 27.05.2025, the victim lodged a written complaint at police Station Kabirdham, District – Kabirdham (Chhattisgarh) stating that when her husband went to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.06 13:21:02 +0530 2 work in Bilaspur and her parents used to visit her at her maternal hom,e in Kawardha, she became pregnant. When her pregnancy was around seven months, her mother along with her maternal aunt Panchbai and present applicant, took her under the pretext of a medical check-up to J.J. Hospital, Torwa, Bilaspur. Where without the victim’s knowledge or consent, they got her pregnancy aborted on 10.05.2025. Based on her written complaint, a zero FIR was lodged at Police Station Kabirdham on 27.05.2025. As incident fell under the jurisdiction of Police Station Torwa, Bilaspur (Chhattisgarh), FIR was registered there against the applicant. Hence this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the allegation levelled against the present applicant is that he has assisted the other co-accused person in taking the victim to the hospital and the subsequent abortion were made by her mother, aunt and other relatives. It has also been argued by learned counsel for the applicant that mother of the victim was working in the shop of present applicant and said decisions taken by victim’s mother and other relatives. He also submits that other co-accused persons have already been granted regular bail by this Court in MCRC No.7975 of 2025 vide order dated 10.10.2025 and in MCRC No.8164 of 2025 vide order dated 14.10.2025 Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties also considering the fact that the allegation levelled against the present applicant is that he has assisted the other co-accused person in taking the victim to the hospital and the subsequent abortion were made by victim’s mother, aunt and other relatives and co-accused persons have already been granted regular bail by this Court in MCRC No.7975 of 2025 vide order dated 10.10.2025 and in MCRC No.8164 of 2025 vide order dated 14.10.2025, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ismail Saifee Khan on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 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)The Applicant shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali