1 2025:CGHC:23413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3954 of 2025 Sanjay Dhruv S/o Shailendra Dhruv Aged About 23 Years R/o Ward No. 12, Budhadev Ward, Near Mata Chaoura Talab, Bannak Chowk, Police Station Sirgitti, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District Bilaspur (C.G.) ... Respondent For applicant : Shri Varunendra Mishra, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/06/2025 1. This is the third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.02/2024 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 294, 506, 323, 307, 34 of I.P.C. 2. Case of the prosecution, in brief, that, the complainant has lodged a GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.13 18:02:15 +0530 2 report before the concerned police station with the intent that on the date of incident, there was dispute arose between the accused persons and injured persons regarding parking of the auto vehicle and thereafter, the accused persons assaulted upon him by knife, by causing injuries received simple in nature. Based upon such report, the concerned police station has registered aforesaid offence against the accused persons. 3. It has been argued by learned counsel for the applicant that this is the third bail application on behalf of the applicant as the first bail application of the applicant along with Pradhuman Dhuri was rejected by this court on 16/07/2024 in MCRC No.3321/2024 and thereafter second bail was filed, the same was also rejected by this court on 7/11/2024 in MCRC No.7700/2024. It is submitted that Pradhuman Dhuri and one co-accused Yogesh had preferred Criminal Appeal No.1426/2025 being SLP (Criminal) No.2075/2025 in which the Apex Court has granted bail to the co-accused Pradhuman Dhuri and Yogesh by order dated 24/03/2025 on the basis of their incarceration in jail. It is stated that the applicant is languishing in jail since 24/02/2024 i.e. for more than one year and in trial out of 19 witnesses 12 have been examined, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that that this is the third bail 3 application on behalf of the applicant, the first bail application of the applicant along with Pradhuman Dhuri was rejected by this court on 16/07/2024 in MCRC No.3321/2024 and thereafter second bail was filed, the same was also rejected by this court on 7/11/2024 in MCRC No.7700/2024, considering the fact that Pradhuman Dhuri and one co- accused Yogesh had preferred Criminal Appeal No.1426/2025 being SLP (Criminal) No.2075/2025 in which the Apex Court has granted bail to the co-accused Pradhuman Dhuri and Yogesh by order dated 24/03/2025 on the basis of their incarceration in jail, also considering the fact that the applicant is languishing in jail since 24/02/2024 i.e. for more than one year and in trial out of 19 witnesses 12 have been examined, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the third bail application filed on behalf of the applicant is allowed and let the Applicant - Sanjay Dhruv, involved in Crime No.02/2024 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 294, 506, 323, 307, 34 of I.P.C, be released on bail on his furnishing 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. 4 (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 sufficient 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 absence of the applicant is 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 him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri