1 2025:CGHC:60044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10169 of 2025 Rishabh Asrani S/o Shri Anil Asrani Aged About 27 Years R/o E W S - 241, Sector - 3, Janta Qarter, Devendra Nagar, Raipur, District (Revenue And Civil) - Raipur Chhattisgarh (Full Address) --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Civil Lines, District - Raipur Chhattisgarh --- Respondent(s) MCRC No. 10184 of 2025 Mohammad Waris Khan S/o Mohammad Hatim Khan Aged About 29 Years R/o Near Satish Keerana Stores, Afroz Bag, Moudahapara, Raipur, District (Revenue And Civil) Raipur Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station - Civil Lines, District - Raipur Chhattisgarh --- Respondent(s) For Applicant(s) : Mr. Yogesh Pandey, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer, as well as Ms. Ankita Shukla, Panel Lawyer. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 479/2025 registered at Police Station Civil Lines, District - Raipur (C.G.) for the offence punishable under Sections 115(2), 281, 296, 351(2), 3(5), 109 of BNS. 3. Case of the prosecution, in brief, is that in the night between 01:00– 01:30 a.m., the complainant Irfan Khan was returning home with his friend Poonam Mishra in his car when they reached Ambedkar Chowk. At that time, his wife Fiza Raza and other accused persons allegedly followed them in their vehicle and intentionally hit the complainant’s car with their four-wheeler, causing damage. When the complainant stopped the vehicle, the accused persons, including Fiza Raza and Sahil Ahmed, allegedly abused him and Poonam Mishra with filthy and obscene language, threatened to kill them, and assaulted them with hands, fists and some object, causing injuries to the complainant on his head, left hand, ear and nose, and to Poonam Mishra on her hand and head. On the basis of the report, Crime No. 479/2025 under Sections 115(2), 281, 296, 3 351(2), 3(5), 109 of the BNS was registered and the accused were arrested. Hence, the bail application. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that though the applicants allegedly accompanied the main accused in chasing and hitting the complainant’s car, and then joined in abusing, threatening, and assaulting the complainant and his friend, but injuries sustained by the injured/complainant is simple in nature and one identically situated, co-accused, namely, Fiza Raza has already been granted bail by this Court vide order dated 18.11.2025 in MCRC No.9284 of 2025. The applicants are in jail since 14.10.2025, the applicants have no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants allegedly accompanied the main accused in chasing and hitting the complainant’s car, and then joined in abusing, threatening, and assaulting the complainant and his friend, due to which, they sustained injuries on their persons, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 14.10.2025, the fact that though the applicants allegedly accompanied the main accused in chasing and hitting the complainant’s car, and then joined in abusing, threatening, and assaulting the complainant and his friend, due to which they sustained injuries on their persons, but considering the fact that the injuries sustained by the injured/complainant is found to be simple in nature and one identically situated, co-accused, namely, Fiza Raza has already been granted bail by this Court vide order dated 18.11.2025 in MCRC No.9284 of 2025, further the applicants have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the applications is allowed. 9. 8. Accordingly, the applications is allowed. 9. Let the Applicants-Rishabh Asrani and Mohammad Waris Khan, involved in Crime No. 479/2025 registered at Police Station Civil Lines, District - Raipur (C.G.) for the offence punishable under Sections 115(2), 281, 296, 351(2), 3(5), 109 of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be 5 open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil