1 2025:CGHC:8671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 249 of 2025 Ali Husain Shah S/o Abdul Jabbar Shah Aged About 40 Years R/o Street No. 07, Kavita Nagar, Boriya Khurd, Raipur, District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House OfÏcer, Police Of Police Station Tikarapara, District – Raipur (C.G.) ... Non-applicant For Applicant : Mr. Jitendra Shukla, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 19.02.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 1020/2024, registered at Police Station – Tikarapara, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 109, 115(2), 296 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. As per the prosecution story in brief, is that the applicant and other co- accused persons have abused filthy language to the complainant and also assaulted the complainant from sharp weapon in the neck of the complainant, but the injuries caused in the head of the complainant, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 therefore, the Police has registered the crime as mentioned above. Hence, this application. 3. The learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that both the side have lodged the FIR against the each other and the complainant party have also assaulted the son of the applicant, and the applicant has also lodged the FIR against the complainant party. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that there are cross reports of the incident and both the parties have lodged the FIR against each other and the complainant party were arrested and they were granted regular bail by the trial Court, though the complainant party is also said to have assaulted the son of applicant, but the injuries sustained to him are simple in nature, and the applicant along with the co-accused are said to have assaulted the complainant with the help of sharp object, and the injuries sustained to the complainant are grievous in nature. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that there are cross reports of the incident and both the parties have lodged the FIR against each other and the complainant party were arrested and they were granted regular bail by 3 the trial Court, though the complainant party is also said to have assaulted the son of applicant, but the injuries sustained to him are simple in nature, and the applicant along with the co-accused are said to have assaulted the complainant with the help of sharp object, and the injuries sustained to the complainant are grievous in nature, thus, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Ali Husain Shah, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 1020/2024, registered at Police Station – Tikarapara, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 109, 115(2), 296 and 3(5) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar