1 2025:CGHC:53404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7943 of 2025 1 - Zait Qureshi S/o Rafiq Qureshi Aged About 27 Years R/o Moti Nagar Jhanda Chowk, P.S. Tikrapara, Distt. Raipur, Chhattisgarh. 2 - Md. Rehan Nawaj S/o Lt. Md. Niyajuddin Aged About 20 Years R/o Shiv Nagar, Santoshi Nagar, P.S. Tikrapara, Raipur, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through The Sho, P.S. Purani Basti, Distt. Raipur, Chhattisgarh. ... Respondent For Applicants : Mr. Ashwani Shukla, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 31.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 289/2025 registered at Police Station – Purani Basti District - Raipur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2) & 3(5) of the BNS and Sections 25 and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.01 14:19:56 +0530 2 2. The prosecution, the applicants have been arrested in connection with Crime No. 289/2025 registered at Police Station Purani Basti, Raipur, for the alleged offences punishable under Sections 296, 115(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959. The prosecution case, in brief, is that the complainant, Saiyyad Mohsin, lodged a report stating that while he was going to drop his sister along with his friend Afjiya Akhtar, applicant No.1 called him and warned him to stay away from her. During the conversation, applicant No.1 allegedly told the complainant to stop the car wherever he was, stating that he was coming to meet him. Accordingly, the complainant stopped his car near the Honda Showroom, where both applicants arrived on an Activa scooter. It is alleged that the applicants started abusing the complainant and compelled him to step out of the car. When he came out, applicant No.2 caught hold of him from behind, and applicant No.1 stabbed him on his thigh and right hand. Thereafter, the complainant’s sister and friend, who were present in the car, witnessed the incident, upon which the applicants fled from the spot. Subsequently, the complainant lodged a written report at Police Station Purani Basti, based on which F.I.R. No. 289/2025 was registered against the present applicants. After completion of the investigation, a charge- sheet has been filed, and the applicants are in judicial custody since 30.07.2025. The Second Additional Sessions Judge, Raipur, rejected their bail application on 07.08.2025, leading to the filing of the present application for grant of regular bail. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid 3 case. He further submits that the applicant their arrest has not only affected their future but has also caused mental distress and damage to their reputation. There is no evidence on record to establish their guilt beyond reasonable doubt. The applicants have been falsely arrested in a plotted case without any credible material against them. They were arrested on 30.07.2025 and have been in judicial custody since then. The charge- sheet has already been filed, which itself reflects that there is no substantial evidence connecting the applicants with the alleged offence. It is further submitted that the applicants are only two individuals, whereas the victim party consists of four persons; hence, the allegation of assault by the applicants alone appears improbable. The entire prosecution case is concocted and based on false implications. The applicants are young boys with no criminal background or prior knowledge of crime, and due to a misunderstanding arising out of a personal matter or love affair in the heat of the moment, they have been unnecessarily dragged into this case. The applicants are permanent residents of Police Station Tikrapara, District Raipur (C.G.), and there is no likelihood of their absconding or tampering with the evidence. therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that in the present case, the charge-sheet has already been filed before the competent Court, and applicant No. 1 has one previous antecedent; therefore, the applicants are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and 4 circumstances of the case, the nature and gravity of the offence levelled against the present applicants, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicants have been in judicial custody since 30.07.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicants are entitled to be released on bail in the present case. 7. 7. Let the Applicants – Zait Qureshi & Md. Rehan Nawaj, involved in Crime No. 289/2025 registered at Police Station – Purani Basti District - Raipur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2) & 3(5) of the BNS and Sections 25 and 27 of the Arms Act. , be released on bail on his furnishing personal bond with two local 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 he 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 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance 5 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 applicant is 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav