1 2025:CGHC:58430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1893 of 2025 1 - Wakash Ali S/o Mustak Ali Aged About 24 Years R/o Azad Mohalla, Kunkuri, Police Station Kunkuri, District Jashpur (C.G.) 2 - Tanjim Ali (Wrongly Typed As Tajim) D/o Mustak Ali Aged About 25 Years R/o Azad Mohalla, Kunkuri, Police Station Kunkuri, District Jashpur (C.G.) 3 - Iqura Ali D/o Mustak Ali Aged About 22 Years R/o Azad Mohalla, Kunkuri, Police Station Kunkuri, District Jashpur (C.G.) ...Applicants versus State Of Chhattisgarh Through Police Station Kunkuri, District Jashpur (C.G.) ...Non-applicant For Applicants : Mr. Manoj Paranjpe Senior Advocate with Mr. Aditya Dhar Diwan, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.12.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who have apprehending his arrest in connection with Crime No. 211/2025 registered at Police Station – Kunkuri District – Jashpur VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.03 12:05:24 +0530 2 (C.G.) for the offences punishable under Sections 115(2), 191(2), 296, 331(5), 351(2) & 74 of the BNS. 2. The prosecution story, in brief, is that on 28.10.2025 at about 15:40 Hours and the F.I.R. of the incident has been lodged on 28.10.2025 itself at about 20:44 Hours, the F.I.R. was lodged on the instance of Shabbir Ahmad, inter alia on the allegations that, accused Hanzala Ali had assaulted Kashif Ahmad with the hand and fist and cause injury with the help of key of the motor cycle. It has been further alleged that, the family members of co-accused Hanzala Ali, his father Mustak Ali, brother Wakash Ali, sister Tanjim Ali & Iqura Ali and Hanzala Ali himself and the mother of Hanzala Ali had entered in the house and have abused the family members. It has been alleged that, they assaulted the mother of the complainant, wife and nephew of the complainant and has damaged the window and basin. They have received the injury. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that the incident occurred on 28.10.2025, and the co-accused Mohammad Hanzala Ali lodged the first F.I.R. at 18:31 hours, whereas the subsequent F.I.R., lodged by the complainant as a counterblast, was filed later at around 20:44 hours on the same day. As per the F.I.R. lodged by co-accused Hanzala Ali, it was in fact Kashif Ahmad who was the aggressor, having abused and assaulted Hanzala Ali with hands and fists, causing him to fall and sustain injuries, as reflected in the medical reports. Applicant Nos. 2 and 3 are women; applicant No. 2, Tanjim Ali, is a teacher at Loyola School, Kunkuri, and applicant No. 3 3, Iqura Ali, is a B.Sc. Part-III student, as supported by the documents on record. A minor family dispute has been unnecessarily converted into a criminal case, resulting in the entire family being falsely implicated, and the allegations in the F.I.R. appear baseless and without any substance, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application of the applicants and submits that the present applicants assaulted the complainant due to which the he suffered various injuries, therefore, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties, the nature of the dispute, and the material available on record, it is observed that the injury sustained by the injured is simple in nature, therefore, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Wakash Ali, Tanjim Ali & Iqura Ali on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) they 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. 4 (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 applicants 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav