Nafr High Court
Case Details
1 2025:CGHC:19730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 530 of 2025 Wasim Feroz S/o Abdul Rashid Aged About 34 Years R/o Pratappur Naka House - 56, Shivdhari Colony C, Idea Tower Ambikapur Police Station Gandhinagar Tahsil Ambikapur District- Sarguja (C.G.) --- Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Gandhinagar Ambikapur District - Sarguja (C.G.) --- Non-Applicant MCRCA No. 548 of 2025 Ayush Das S/o Ravi Das Aged About 22 Years Cast- Panika, R/o- North Ring Road, Ambikapur, Dist. Surguja (C.G.) ---Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.01 17:03:03 +0530 Versus State of Chhattisgarh Through The P.S. Gandhi Nagar Ambikapur, District- Surguja (C.G.) --- Non-Applicant
Legal Reasoning
: Ms. Fouzia Mirza, Senior Advocate assisted by Mr. For Applicant (MCRCA No. 530/2025 For Applicant (MCRCA No. 548/2025 For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. : Mr. Sanjeev Verma, Advocate. Navin Shukla, Advocate. 2 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.04.2025 1. Since the above-mentioned two bail applications arise out of same crime
Decision
number, they are clubbed and heard together and are being disposed of by this common order. 2. These first anticipatory bail applications under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 206/2025 registered at Police Station – GandhiNagar Ambikapur, District- Surguja (C.G.) for the offences punishable under Sections 296, 351(3), 115(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. Prosecution case in brief is that the as the place of incident took place on 28.03.2025 at 10:30 P.M. in front of Mayank Motors, situated near Shivdhari Colony turn. The allegation is that the complainant Sanjay Singh was driving his car "Thar", bearing registration No. CG 29 AE 9999 and was driving from Ring Road to Shivdhari Colony via Shivadhari Colony Chowk, as he reached Shavdhari Colony Turn, on account of applying sudden brake by the driver of the black car and turning it towards Shivdhari Colony, the car "Thar" of the complainant dashed into the vehicle of the present applicants. When the complainant got down from his vehicle to see the condition of the car the driver applicant, namely, Wasim Qureshi came out and started hurling abuses that he has dashed into his brothers car and threatened 3 to kill him, and started assaulting with hands and fists. Thereafter, his brother co-accused Monu Qureshi also got out of the car and along with other persons started committing marpit with the complainant and in between Wasim Qureshi dashed him on electric pole, thus the accused persons, thereafter Wasim Qureshi said that he is watching him from 10 to 12 days for committing murder. On account of assault the complainant sustained injury on head, chest, back, little finger of right hand and thigh, on the report the offence under Sections 296, 351(3), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, on this report the FIR has been registered and the matter is under investigation, and during investigation proceedings with regard to section 109(1) of BNS is being initiated. 4. In MCRCA No. 530/2025- Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in offence in question. She further submits that the present applicant, namely, Wasim Feroz is a Doctor. She further submits that the complainant deliberately did not lodge the FIR at night after the incident took place as he was in a drunken state and the same could have come in the medical reports if it would have been conducted on the date of incident. The applicant has been falsely implicated in the present case due to his relationship with the main accused, namely, Wasim Qureshi. She also submits that the applicant has no previous criminal antecedents. Hence, these anticipatory bail applications are liable to be allowed. 5. In MCRCA No. 548/2025- Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in offence in question. He further submits that the applicant, namely, 4 Ayush Das is a student and he is neither the friend of the main accused persons nor he knows the victim. But, the police has falsely implicated him only on the basis of his presence in the place of incident through video clip. She also submits that the applicant has no previous criminal antecedents. Hence, these anticipatory bail applications are liable to be allowed. 6. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and allegation made against the present applicants and the fact that the applicant, namely, Wasim Feroz is a Doctor and he has been falsely implicated in the present case due to his relationship with the main accused, namely, Wasim Qureshi. further the applicant, namely, Ayush Das is a student and he is neither the friend of the main accused persons nor he knows the victim, he has been falsely implicated only on the basis of his presence in the place of incident through video clip, also considering the fact that the applicants have no criminal antecedents, this Court deems it appropriate to grant anticipatory bail to the present applicants. 9. Accordingly, the instant anticipatory bail applications are allowed and it is directed that in the event of arrest of the applicants- Wasim Feroz (MCRCA No. 530/2025) and Ayush Das (MCRCA No. 548/2025), 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:- 5 (a) they shall not directly or indirectly make any inducement, to any person or promise acquainted with the facts of the case so as to dissuade their from disclosing such fact to the Court. threat (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. the applicants and the surety shall submit a copy of (d) 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) they shall not involve herself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti