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Judgment
Applicants have preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as they apprehended their arrest in connection with Crime No. 293/2026 registered at Police Station – Jashpur, District Jashpur (C.G.) for the offence punishable under Sections 115(2), 127, 296, 351(2) 140(1) & 3(5) of the BNS.
Case of the prosecution, in brief, is that on 11.09.2026 at about 12:00 midnight, applicant No. 2, Mohsin Khan, called Kadir Ansari outside his house on the pretext of having a discussion. Thereafter, the applicants, along with Sohail Khan, allegedly took him in a Tata Nexon vehicle towards Village Pidi and assaulted him. Subsequently, they allegedly left him near the house of Mahboob Ansari.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present crime. He further submits that the injured, who runs a mobile shop, misbehaved with the applicants’ sister and uploaded a video clip of her on social media. In the heat of the moment, the applicants assaulted the injured with their hands and fists and did not use any weapon. He further submits that the applicants lodged the report on 10.09.2026, whereas the FIR was registered on 14.09.2026. A copy of the FIR has been filed as Annexure A-3. There are no criminal antecedents against the applicants. On these grounds, learned counsel prays that the applicants be enlarged on bail.
Learned State Counsel opposes the submissions made by learned counsel for the applicants and submits that, as per the allegations, the applicants took the injured in their car and thereafter abused and assaulted him with the headrest of the car. In response to a query put by the Court, learned State Counsel submits that the MLC report of the injured reveals eight injuries of swelling and contusions. He fairly submits that there are no criminal antecedents against the applicants.
I have heard learned counsel for the respective parties.
On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, without commenting anything on merits, I am inclined to allow this anticipatory bail application.
Accordingly, application is allowed and it is directed that in the event of arrest of applicants in connection with the crime in question (293/2026), they shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned arresting Officer. Applicants shall also abide by the following conditions:
that the applicants shall make themself available for interrogation before the Investigation Officer as and when required;
that 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/her from disclosing such facts to the Court or to any police officer;
that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and
that 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.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.