ARMAN MEMON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicants who have been arrested in connection with Crime No. 148/2025 registered at Police Station Kotwali, Korba, District Korba (C.G.) for the offence punishable under Ss. 115(2), 191, 296, 304, 351(2) of Bharatiya Nyaya Sanhita (for short 'BNS').

(2.) Case of the prosecution, in brief, is that the complainant, owner of a ready-made clothing shop, received information on March 10, 2025, at around 6:30 P.M., that his son had been assaulted in a fight near the old bus stand. Upon reaching the scene, he found his son injured and decided to take him to the Police Station. However, enroute, co-accused, Imran Memon allegedly verbally abused and physically attacked both the complainant and his son. Based on these allegations, an FIR was lodged against the applicants under relevant Ss. of the Bharatiya Nyaya Sanhita, 2023 and subsequently, they were arrested. Hence, the bail application.

(3.) Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the present case is retaliatory action (counterblast) to the FIR lodged by the applicants' father at Police Station Kotwali, Korba. The prosecution case stems from a per-existing dispute over a loan repayment, which erupted into a fight between the complainant's son and applicant's father. He also submits that Ashraf Memon, father of the applicants is the main accused person in present case, against whom main allegation has been levelled, so far as present applicants are concerned, no incriminating article has been recovered from them. The applicants are in jail since 11/3/2025, both the applicants have one criminal antecedent, in which, they have already been granted bail by the competent Court, as the matter has compromised between the parties, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.