1 2025:CGHC:26498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4013 of 2025 Rahul Ghritlahre S/o Munesh Ghritlahre Aged About 20 Years R/o Village - Kathiya No. 01, Police Station - Kharora, Dist. - Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Officer In Charge, Police Station - Kharora, Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Prahalad Panda, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.06.2025 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. 207/2025 registered at Police Station : Kharora, District – Raipur (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 109(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959. 2. The prosecution story, in short, is that on 07.04.2025, an FIR was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.21 12:02:55 +0530 2 lodged at Police Station Kharora, District Raipur (C.G.), by the complainant Manish Dhidhi. It was alleged that on 06.04.2025, he had gone with his family members to attend his uncle’s wedding. While he was participating in the wedding procession with his friends, a dispute arose between them and 3 to 4 boys. Thereafter, on 07.04.2025 at around 2:30 AM, some boys from his village allegedly abused them in connection with the earlier dispute that had occurred during the wedding procession. Subsequently, they attacked the victim with a sharp weapon. The victim and his friends managed to catch one of the boys from the group of 3 to 4 individuals, who is the present applicant. On the basis of the above complaint, the police lodged a First Information Report against the present applicant, and an offence was registered under Sections 115(2), 296, 351(2), and 109(2) of the Bharatiya Nyaya Sanhita (B.N.S.) and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the complainant was under the influence of alcohol at the time of the wedding procession, which led to a dispute with some persons from his village, but the applicant was not present at the time of the incident. He also submits that the applicant did not commit any offence; rather, some other boys from the victim's village attacked the victim. Furthermore, according to the statement of the injured, no allegations have been specifically levelled against the applicant. Additionally, regarding the injury sustained by the injured, namely Kunal, there is no medical report 3 available to suggest that the injury is dangerous to life. He also submits that the present applicant has no criminal antecedents and he is in jail since 08.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court. He submits that the present applicant along with 3 to 4 other co- accused persons have assaulted the injured and 4 other persons by knife, due to which the injure, Kunal received two stab injuries, which are grievous in nature, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the though the allegation against the applicant is that he assaulted the injured by knife which are stated to be grievous in nature, but according to the statement of the injured, no allegations have been specifically levelled against the applicant, further, regarding the injury sustained by the injured, namely Kunal, there is no medical report available to suggest that the injuries are dangerous to life, moreover, the applicant has no criminal antecedents and the charge-sheet has already been submitted before the competent Court, the applicant is in jail since 08.04.2025, the trial is likely to take sometime for its conclusion, 4 therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rahul Ghritlahre, involved in Crime No. 207/2025 registered at Police Station : Kharora, District – Raipur (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 109(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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 5 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 send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek