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2026 DAILYLAW 1343 (CHH)

ANIS @ HANIF MOHAMMAD v. STATE OF CHHATTISGARH

MCRC/2452/2026 · 2026-03-15

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Judgment text

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1 2026:CGHC:12472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2452 of 2026 Anis @ Hanif Mohammad S/o Khair Mohammad Aged About 37 Years R/o Village.Jheet, Police Station Amleshwar .District Durg (C.G) ... Applicant(s) versus State Of Chhattisgarh Through -Station House Officer Police Station - Amleshwar District Durg ( C. G) ... Respondent(s) For Applicant(s) : Mr. Jitendra Gupta, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 77/2025, registered at Police Station Amleshwar District Durg (CG) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 296, 351(3), 109 of BNS and Sections 25(1-B)(B) & 27 of the Arms Act. 2. The prosecution story in brief, is that on 14.07.2025 at about 01:30 PM, the complainant Hussain Mohammad was present at his slipper shop situated at Bazar Chowk, Jheet, along with his son Iqbal Mohammad. At that time, the accused Anees @ Hanif Mohammad, who is the son of the complainant’s younger brother, came to the shop on a motorcycle and started abusing Iqbal Mohammad over a previous dispute and threatened to kill him. After about 10 minutes, the accused returned with a sword-like sharp weapon (Chapda) and with the intention to kill, repeatedly attacked Iqbal Mohammad on his head causing grievous injuries. On the basis of the report, an FIR was registered and during investigation the accused was apprehended. On the basis of his memorandum statement, the motorcycle used in the incident, the sword-like weapon (Chapda), and the clothes worn at the time of incident were seized from his possession. After completion of investigation, offences under the relevant provisions of Bharatiya Nyaya Sanhita and Sections 25 & 27 of the Arms Act were added and the charge-sheet was filed before the competent Court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question. He further submit that so far as status of trial is concerned, out of 3 18 witnesses, the statement of 09 witnesses have already been recorded, further the applicant is in jail since 15.07.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant allegedly due to a previous dispute, assaulted injured, Iqbal Mohammad with a sword-like sharp weapon (Chapda) on his head with intention to kill, causing grievous and dangerous injuries on his parietal region, for which the injured had to undergo for a surgery and was admitted for 15 days in the hospital. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant, due to previous enmity, allegedly assaulted the injured, Iqbal Mohammad, with a sword-like sharp weapon (Chapda) on the head with an intention to cause his death, resulting in grievous and dangerous injuries on the parietal region of his head, for which the injured had to undergo surgery and remained admitted in the hospital for about 15 days, so far as status of trial is concerned, out of 18 witnesses, the statement of 4 09 witnesses have already been recorded, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Anis @ Hanif Mohammad, involved in Crime No. 77/2025, registered at Police Station Amleshwar District Durg (CG) for the offence punishable under Sections 296, 351(3), 109 of BNS and Sections 25(1-B)(B) & 27 of the Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil