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2026 DAILYLAW 29521 (CHH)

SAIYYAD NASIR ALI v. STATE OF CHHATTISGARH

MCRC/6525/2026 · 2026-07-26

body2026

Judgment text

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1 CGHC010274072026 2026:CGHC:32001 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6525 of 2026 Saiyyad Nasir Ali S/o Shafiq Ali Aged About 32 Years R/o Near Shakti Nagar Masjid, Lodhipara, P.S. Khamhardih, Dist. Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O) P.S.- Mujgahan, District – Raipur (C.G.) …. Non-applicant For Applicant : Ms. Anamika Jain, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 114/2020 registered at Police Station – Mujgahan, District – Raipur (C.G.) for the offence punishable under Sections 147, 148 and 307/149 of the IPC. 2. Case of the prosecution, in brief, is that an offence came to be registered vide Crime No. 114/2020 at Police Station Mujgahan, District Raipur (C.G.) against the applicant and several co-accused persons for the alleged commission of offences under Sections 147, 148, 307/149 of the Indian Penal Code and the case was committed to the Court of Sessions, where it has been registered as S.T. No. 228/2021 (C.G. State v. Salman Ali & others). During the course of trial, the applicant was earlier on bail, however, he could not remain RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 present before the learned trial Court on the dates fixed, and in his absence, a warrant of arrest came to be issued against him on 04.09.2024 in S.T. No. 228/2021. Pursuant to the said warrant, the applicant was arrested by Police Station Khamhardih and produced before the learned trial Court on 03.12.2025, where after he has been remanded to judicial custody and is lodged in Central Jail, Raipur. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that so far as status of trial is concerned, out of 10 prosecution witnesses, only 6 witnesses have been examined. It is submitted that the applicants are in jail since 03.12.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that earlier the applicant had been granted bail by the trial Court, but thereafter, he absconded and the present case is of the year 2020, and after issuance of arrest warrants against him on 04.09.2024, he got arrested by the Police on 03.12.2025, and there is every likelihood that if the applicant would be granted bail by this Court, he will abscond again and try to tamper with the evidence. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case and also considering the fact that earlier the applicant had been granted bail by the trial Court, but thereafter, he absconded and the present case is of the year 2020, and after issuance of arrest warrants against him on 04.09.2024, he got arrested by the Police on 03.12.2025, and there is every likelihood that if the applicant would be granted bail by this Court, he will abscond again and try to tamper with the evidence, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Saiyyad Nasir Ali, involved in Crime No. 114/2020 registered at Police Station – Mujgahan, District – Raipur (C.G.) for the offence punishable under Sections 147, 148 and 307/149 of the IPC, is rejected at this stage. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of passing of this order, if there is no legal impediment. 9. 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