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2026 DAILYLAW 1932 (CHH)

SAMIR QURESHI v. STATE OF CHHATTISGARH

MCRC/1120/2026 · 2026-02-03

body2026

Judgment text

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1 2026:CGHC:6296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1120 of 2026 Samir Qureshi S/o Rahamt Qureshi Aged About 33 Years R/o Baijnath Para, Dhobi, Gali, Thana City Kotwali, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S. Tikrapara, District – Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.02.2026 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. 980/2024, registered at Police Station Tikrapara, District – Raipur (CG) for the offence punishable under Sections 296, 109, 3(5) and 238 of BNS. 2. The prosecution story in brief, is that on 17.12.2024 the victim Roshan Singh was returning after closing the office at that time Ammu came and assaulted him with the help of knife an the other co-accused person helped Ammu for the incident, thereafter, Police has registered FIR against the accused person and registered the offence. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in the present case. It is further submitted that allegation against the applicant is just for caught holding the injured Roshan Singh, whereas it is the co-accused Ammu who has assaulted the injured with knife and caused him injuries. It is further submitted that the injured witness Roshan Singh has been examined by the trial Court, given his statement and has turned hostile. The applicant is in jail since 18.04.2025 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. It is further submitted that the applicant along with the co-accused is said to have assaulted the injured Roshan Singh with knife, due to which he has sustained injuries on his person, 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 though the allegation against the applicant is just for caught holding the injured Roshan Singh, whereas it is the co-accused Ammu who has assaulted the injured with knife and caused him injuries, but considering the fact that the injured witness Roshan Singh has been examined by the trial Court, given his statement and has turned hostile, which goes to show that the applicant who is confined in jail has 3 tampered with the evidence, charge-sheet has been filed in the present case, therefore, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant- Samir Qureshi, involved in Crime No. 980/2024, registered at Police Station Tikrapara, District – Raipur (CG) for the offence punishable under Sections 296, 109, 3(5) and 238 of BNS, 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 Rajshekhar