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2026 DAILYLAW 27210 (CHH)

SHARIFUN NISHA v. STATE OF CHHATTISGARH

MCRCA/1112/2026 · 2026-07-14

Transfer Petitionbody2026

Judgment text

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1 CGHC010262092026 2026:CGHC:29957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1112 of 2026 1 - Sharifun Nisha W/o Mo. Ayub Ansari, Aged About 48 Years R/o Village - Jur, Police Outpost Basdei, P. S. Surajpur, District – Surajpur, (C.G.). Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Outpost Basdei, P. S. Surajpur, District - Surajpur (C.G.). Respondent(s) For Applicant (s) : Mr. Shakti Raj Sinha, Advocate For Respondent(s) : Ms. Ankita Shukla, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2026 1. This first anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.244/2026 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 115 (2), 191 (1), 191 (3), 296 (3), 351 (3) & 109 of BNS. 2. The prosecution case, in brief, is that applicant along with her husband, son and nephew, formed an unlawful assembly and Digitally signed by R NIRALA 2 assaulted the complainant party with sticks during a dispute. It is alleged that Mohammad Yasin, Safi Ahmed, Saddam and Sahiba sustained injuries in the incident. The prosecution further alleges that Mohammad Yasin suffered a grievous head injury resulting in a skull fracture and, after initial treatment at Surajpur, was referred to Raipur where his injuries were declared grievous. Thereafter a case was registered against the accused persons. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in crime in question. It is further submitted that the incident has taken place with respect to the property and the applicant, her husband and son also received injuries along with the complainant side and even the FIR of the applicant side has not been registered. He further submitted that the applicant is a lady, aged about 48 years and there is no criminal antecedent registered against the present applicant, therefore, the present applicant may be enlarged on anticipatory bail. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submit that 3 persons of the complainant party have received injuries and out of them, one has received grievous injuries, as is evident from the medical report. Therefore, the applicant may not be enlarged on anticipatory bail at this stage. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, gravity of the offence and nature of allegation levelled against the present applicant and for the fact that the applicant is a lady, aged about 48 years, therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sharifun Nisha, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- “(a) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. (b) the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) the applicant shall appear before the trial Court on each and every date given to him/her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) the applicant shall not involve himself/herself in any offence of similar nature in future.” Sd/- (Ramesh Sinha) Chief Justice Nirala