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2026 DAILYLAW 28823 (CHH)

SHEHNAWAZ ALIAS SHANU @ ANDA v. STATE OF CHHATTISGARH

MCRC/6510/2026 · 2026-07-22

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1 CGHC010264542026 2026:CGHC:31451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6510 of 2026 1 - Shehnawaz Alias Shanu @ Anda S/o Akhtar Ahmad Aged About 23 Years R/o Camp 2, Bhilai, Tehsil And District Durg, Chhattisgarh. 2 - Mohammad Jakir S/o Md. Hussain Aged About 23 Years R/o Camp 2, Bhilai, Tehsil And District Durg, Chhattisgarh. 3 - Annu @ Anish S/o Sheikh Haroon Aged About 39 Years R/o Camp 2, Bhilai, Tehsil And District Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station – Chhawni, District – Durg, Chhattisgarh. ---- Non-applicant For Applicant : Mr. B.P. Singh, Advocates. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 198/2026, registered at Police Station – Chhawni, District – Durg (C.G.) for the offence punishable under Sections 296, 351(3), 118(1), 3(5) and 109 of the BNS. 2. The case of the prosecution, is that on 07/04/2026 complainant Mohhamad Wasim has lodged report that on that date at 03:30 PM. On issue of demanding cigarette co-accused Fasil Qureshi, Pappu Qureshi and Applicant No.1 Sahanawaz @ Shanu@ Anda and others have abused and assaulted with hand and fist and with one pointed RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 object by which FIR is lodged under Sections 296, 351(3), 118(1), 3(5) and 109 of the BNS and hence the applicant have committed the crime. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the co-accused has already been granted bail by this Court vide order dated 09.07.2026 passed in MCRC No.5067/2026. The applicants are is in jail since 09.06.2026 and trial is likely to take quite long time for its conclusion, therefore, on the ground of parity them may be granted bail. 4. On the other hand, learned State counsel opposes the bail application of the applicants, but could not dispute the fact that co-accused person has already been granted bail by this Court and the case of the present applicants is identical to that of the co-accused. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused has already been granted bail by this Court vide order dated 09.07.2026 passed in MCRC No.5067/2026, and the applicants are in jail since 09.06.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Let applicants – Shehnawaz Alias Shanu @ Anda, Mohammad Jakir and Annu @ Anish, involved in Crime No. 198/2026, registered at Police Station – Chhawni, District – Durg (C.G.) for the offence 3 punishable under Sections 296, 351(3), 118(1), 3(5) and 109 of the BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant 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 applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant 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 with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 him 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 Rajshekhar