Nishar Akthar Kuraishi S/o Shri Nijaruddin Kuraishi Aged About 40 Years R/o Village Silyari v. State Of Chhattisgarh Through P/s Dharsiva, Distt.- Raipur
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2025:CGHC:48949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7681 of 2025 Nishar Akthar Kuraishi S/o Shri Nijaruddin Kuraishi Aged About 40 Years R/o Village Silyari Ward No. 12 Chouki- Silyari P/s Dharsiva Distt. Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through P/s Dharsiva, Distt.- Raipur (C.G.) ---- Non-applicant(s) For Applicant For Non-Applicant
Legal Reasoning
: Mr. Ajay Kumar Mishra, Advocate : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/09/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 328/2025 registered at Police Station Dharsiva, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1) of the BNS 2023. 2. Case of the prosecution in brief, is that the complainant, Javed Akhtar, lodged a report at Police Outpost Siliyari, Police Station Dharsiva, stating that he is a resident of Silyari, Ward No. 12, 2 Outpost Silyari, Police Station Dharsiwa, District Raipur, Chhattisgarh, and works as a daily wage laborer. On 10.07.2025 at about 08:30 PM, at his house in Silyari, his younger brother Nisar Akhtar, over a dispute relating to partition of property, abused him by using filthy and obscene language involving their mother and sister and further threatened to kill him. He then assaulted the complainant with fists and also inflicted injuries on his left chest, shoulder, elbow, finger and on the right shoulder and thumb using a sharp-edged object in his possession. In the course of intervening, the complainant’s father also sustained an injury on his finger. On the basis of the said report lodged by Javed Akhtar, Crime No. 328/2025 was registered at Police Outpost Silyari, Police Station Dharsiwa, District Raipur, for offence punishable under Sections 296, 115(2), 351(2), 118(1) of the BNS. During investigation, the accused was arrested on 11.07.2025. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in this case. It is alleged that the applicant assaulted his younger brother with a knife, causing injuries on the left side of his chest and left hand. However, as per the C.T. Scan and U.S.G. reports, the findings were normal, and the injuries appear to be simple in nature. He further submits that the applicant and the complainant are real brothers and the present incident arose out of a land dispute among family members with strong chances of amicable settlement. The applicant has been in judicial custody since 11.07.2025, and in the meantime, the charge-sheet has already been filed before the competent Court. 3 Therefore, he prays that the applicant may be enlarged on bail. 4. On the other hand, the learned State counsel, appearing for the respondent/State, opposes the bail application and submits that the applicant allegedly assaulted the injured by knife, causing injuries on the left side of his chest and left hand. However, as per the C.T. Scan and U.S.G. reports, the findings were normal and the injuries appear to be simple in nature. It is further submitted that the applicant has two criminal antecedent under the Istaghasa. In view of the above, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court further, as per the C.T. Scan and U.S.G. reports, the findings were normal and the injuries appear to be simple in nature and further considering the fact that the applicant and the complainant/injured are real brothers and the present incident arose out of a land dispute among family members and the applicant is in jail since 11.07.2025 and the applicant has only one criminal antecedent under the Istaghasa thus, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant -Nishar Akthar Kuraishi, involved in Crime No. 328/2025 registered at Police Station Dharsiva, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 4 351(2), 118(1) of the BNS 2023, be released on bail on his furnishing a personal bond with two sureties 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 sufÏcient 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 5 absence of the applicant is deliberate or without sufÏcient 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. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal