1 2025:CGHC:31717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5314 of 2025 Manish Dhankar S/o Tikeshwar Dhankar Aged About 21 Years R/o. Bhardakala P.S. Arjunda, District - Balod, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, P.S. - Arjunda, District - Balod, Chhattisgarh. ... Non-Applicant For Applicant : Ms. Aditi Singhavi, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 29/2025 registered at Police Station- Arjunda, District - Balod, (C.G.) for the offence punishable under Sections 296, 109, 3(5) and 191(2) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 12.02.2025, an altercation took place between the accused persons and the injured person, namely Satish Sahu, along with his friends. During the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 incident, the accused persons assaulted the injured and inflicted stab wounds upon him. Thereafter, the applicant has been arrested by the police for the said offences. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the offence in question. She further submits that the applicant had merely instigated the injured to be assaulted, whereas the actual assault with a knife was committed by the co-accused, namely Sevant Kumar Dhankar. She further submits that although the applicant was involved in the incident along with other co-accused, the injuries sustained by the injured are simple in nature. It is further submitted that the applicant is in jail since 03.03.2025, charge- sheet has already been filed, and the trial is likely to take considerable time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the accused persons assaulted the injured with a knife and inflicted stab wounds upon him, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant 3 since 03.03.2025, the fact that though the applicant had merely instigated the injured to be assaulted, whereas the actual assault with a knife was committed by the co-accused, but the said act was attributed to co-accused person, namely Sevant Kumar Dhankar, and the injuries sustained by the injured are simple in nature, further the case of present applicant is distinguishable from that of the co- accused, namely Sevant Kumar Dhankar, who committed the said act, the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Manish Dhankar, involved in Crime No. 29/2025 registered at Police Station- Arjunda, District - Balod, (C.G.) for the offence punishable under Sections 296, 109, 3(5) and 191(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on 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. (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 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan