1 2025:CGHC:33483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5568 of 2025 Dheeraj Bisen S/o Late Shri Nandkumar Bisen, Aged About 22 Years Resident- Chandrashekhar Ward No. 8, Meera Rice Mill Street, Nagari, Police Station Nagari, District Dhamtari (Chhattisgarh) ... Applicant(s) versus 1 - State Of Chhattisgarh Through District Magistrate, Dhamtari, District Dhamtari (Chhattisgarh) 2 - Station House Officer, Police Station- Nagari, District Dhamtari (Chhattisgarh) ... Respondent(s) For Applicant(s) : Mr. Sajal K. Gupta, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 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. 93/2024 registered at Police Station Nagari, District Dhamtari (C.G.) for the offence punishable under Sections 118(1), 309(6) of Bharatiya Nyaya Sanhita (for short AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 ‘BNS’) and Section 25 & 27 of Arms Act. 2. The case of the prosecution, in brief, is that the complainant was working as a DSF constable at the Sub-Divisional Police Office, Nagri. On November 23, 2024, at around 5:30 PM, after completing his duty, he was heading to his village, Dabgaon, on his motorcycle. When he reached the Karraghati Chameeda Mod Tiraha, three unknown persons arrived on a scooter and tampered with the motorcycle's handle, causing it to swerve and stall. Two masked individuals then grabbed the complainant's arm, while the third person held a knife to his neck and stole Rs.200/- from his pocket. The assailants also abused him and stabbed him in the right hip with a sharp object. The complainant reported the incident to the Nagri Police Station, and a case was registered against unknown accused persons under Sections 118(1) and 309(6) of the Bharatiya Nyaya Sanhita, 2023. During the investigation, the crime scene was inspected, and a site plan was prepared based on the complainant's statement. During the investigation, the accused, Dheeraj Bisen and Hiteshwar Markam, were taken into custody, and their memorandum statements were recorded. Based on Dheeraj Bisen's statement, the scooter used in the crime was seized, and based on Hiteshwar Markam's statement, the sharp knife used in the crime was recovered and they were arrested. The statements of the complainant and other witnesses were recorded, and after completing the investigation, a charge sheet was filed against the accused under Sections 118(1) and 309(6) of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 3 3. Learned counsel for the applicant submits that the applicant is innocent has has falsely been implicated in the crime in question. He further submits that the identically situated co-accused, namely, Gyanendra Netam has already been granted bail by this Court vide order dated 02.04.2025 in MCRC No.2550/2025, copy of which is annexed as Annexure A/4. The applicant is in jail since 24.11.2024, the applicant has two criminal antecedents, 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 on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to have assaulted the injured alongwith other co-accused persons, they allegedly abused the complainant and stabbed him on his right hip with a sharp object, as a result fo which, injured sustained injuries on his person, as per memorandum statement of the applicant the scooter used in the crime was seized, further the applicant has two criminal antecedents, therefore he 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 since 24.11.2024, the fact that though the applicant alongwith other co-accused persons allegedly abused the complainant and stabbed 4 him on his right hip with a sharp object, as a result fo which, injured sustained injuries on his person, the seizure of the scooter used in the crime has been made from the applicant pursuant to his memorandum statement and applicant has two criminal antecedents, but co-accused, namely, Gyanendra Netam has already been granted bail by this Court vide order dated 02.04.2025 in MCRC No.2550/2025 and the case of present applicant is identical to that of the aforementioned co-accused, 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, accordingly, the application is allowed. 7. 7. Let the Applicant - Dheeraj Bisen, involved in Crime No. 93/2024 registered at Police Station Nagari, District Dhamtari (C.G.) for the offence punishable under Sections 118(1), 309(6) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25 & 27 of Arms Act, be released on bail on his furnishing a 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, 5 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 send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil