1 2025:CGHC:21994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2845 of 2025 1 - Malikram Dhirhe S/o Ghasiram Dhirhe Aged About 50 Years R/o Vill.- Tadapara Thana Bilaigarh Distt.- Sarangarh-Bilaigarh (C.G.) 2 - Shani Dhirhe S/o Malikram Dhirhe Aged About 28 Years R/o Vill.- Tadapara Thana Bilaigarh Distt.- Sarangarh-Bilaigarh (C.G.) 3 - Mrityunjay S/o Lalit Kumar Dhirhe Aged About 21 Years R/o Vill.- Tadapara Thana Bilaigarh Distt.- Sarangarh-Bilaigarh (C.G.) 4 - Chandraprakash Dhirhe S/o Malikram Dhirhe Aged About 28 Years R/o Vill.- Tadapara Thana Bilaigarh Distt.- Sarangarh-Bilaigarh (C.G.) 5 - Ageshwar Bandhe S/o Tiharulal Bandhe Aged About 30 Years R/o Vill.- Tadapara Thana Bilaigarh, Distt.- Sarangarh-Bilaigarh (C.G.) Applicants(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Of Police Station- Bilaigarh, District- Sarangarh-Bilaigarh, Chhattisgarh Respondent(s) For Applicants : Mr. Syed Ishhadil Ali, Advocate For Non-Applicant/State : Mr. Shailja Shukla, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2025 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 RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.13 18:04:38 +0530 2 applicants who have been arrested in connection with Crime No. 78/2025 registered at Police Station – Bilaigarh, District Sarangarh- Bilaigarh (C.G.), for the offence punishable under Sections 296, 191(2), 191(3), 190, 115 (2), 351(2) & 331(6) of the Bhartiya Nagarik Sanhita, 2023. 2. The prosecution's case is that the Complainant lodged a complainant to the extent that the applicants after entering into the house of the complainant assaulted him by using hand, Lathi Danda, and thereby committed the offence. Based on the above report, offence was registered against the applicant and they have been arrested on 11/03/2025. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case. He would submit that the applicants have filed a FIR against the complainant wherein it has been specifically alleged that after winning the election, the Complainant was firing crackers in front of their house and when he was asked to stop, they assaulted them. He would submit that it is case of counter blast and there are no criminal antecedent against the applicants; and the applicants are in detention since 11/03/2025, therefore, the applicants may be released on bail. 4. On the other hand, learned State counsel would oppose the bail application of the present applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the entire facts and circumstances of the case; submissions of learned counsel for the parties; particularly considering the nature of allegations; there are counter FIRs against each other; the applicants are in jail since 11/03/2025; and conclusion of trial is likely to take time, this Court is of the opinion that it is a fit case to enlarge the applicants on bail. 7. Let the Applicants – Bhuneshwar Rathia, Shanti Dhirhe, Mrityunjay, Chandraprakash Dhirhe and Ageshwar Bandhe involved in Crime No. 78/2025 registered at Police Station – Bilaigarh, District Sarangarh- Bilaigarh (C.G.), for the offence punishable under Sections 296, 191(2), 191(3), 190, 115 (2), 351(2) & 331(6) of the Bhartiya Nagarik Sanhita, 2023 be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 absence of the applicants aer deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Rahul