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2026 DAILYLAW 8380 (CHH)

MUSTAK ALI v. STATE OF CHHATTISGARH

MCRCA/1993/2025 · 2026-01-05

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Judgment text

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1 2026:CGHC:659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1993 of 2025 1 - Mustak Ali S/o Late Inayat Ali, Aged About 64 Years, 2 - Shammi Sultana W/o Mustak Ali Aged About 52 Years, Both above R/o Azad Mohalla, Police Station Kunkuri, District Jashpur (C.G.) ... Applicants versus State Of Chhattisgarh Through Police Station Kunkuri, District Jashpur (C.G.) ... Respondent For Applicants : Shri Manoj Paranjpe, Sr. Advocate with Shri Aditya Dhar Diwan, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/01/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.07 19:01:59 +0530 2 No.211/2025 registered at Police Station – Kunkuri, District Jashpur (C.G.) for the offences punishable under Sections 115(2), 191(2), 296, 331(5), 351(2) & 74 of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the incident was occurred on 28.10.2025 at about 15:40 Hours and the F.I.R. of the incident has been lodged on 28.10.2025 itself at about 20:44 Hours, the F.I.R. was lodged on the instance of Shabbir Ahmad, inter alia on the allegations that, accused Hanzala Ali had assaulted Kashif Ahmad with the hand and fist and cause injury with the help of key of the motor cycle. It has been further alleged that, the family members of Hanzala Ali, his father Mustak Ali (applicant No.1 herein), brother Wakash Ali, sister Tanjim Ali & Iqura Ali and Hanzala Ali himself and the mother of Hanzala Ali had entered in the house and have abused the family members. It has been alleged that, they assaulted the mother of the complainant, wife and nephew of the complainant and has damaged the window and basin. They have received the injury. 3. Learned counsel for the applicants submits that the applicants are the parents of the co-accused Wakash Ali, Tanjim Ali & Iqura Ali who have been allowed anticipatory bail by this Court in MCRCA No.1893/2025 on 2/12/2025. He would submit that the applicants are aged about 64 years and 52 years respectively, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that the applicants are the parents of the co- accused Wakash Ali, Tanjim Ali & Iqura Ali who have been allowed anticipatory bail by this Court in MCRCA No.1893/2025 on 2/12/2025 and further considering the fact that the applicants are aged about 64 years and 52 years respectively, therefore, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Mustak Ali & Shammi Sultana, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be 4 verified by the trial Court. (e) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri