1 2025:CGHC:37744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5997 of 2025 Sagar Dhruw S/o Rajkumar Dhruw, Aged About 25 Years R/o Village Poad, Thana Gobra Navapara, District Raipur (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gobra Navapara, District Raipur (Chhattisgarh) ... Non-applicant For Applicant : Ms. Anjali Pradhan, Advocate. For Non-applicant/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2025 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. 90/2025 registered at Police Station – Gobra Navapara, District Raipur (C.G.) offence under Sections 296, 351(2), 115(2), 118(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story in brief, it is alleged that the complainant, Dular Bharti, lodged a report stating that on 20.03.2025 at around 6:00 PM, while she was at home, some people from the locality informed her that her brother, Omprakash Bharti, had been attacked by Sagar Dhruv, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.01 14:40:06 +0530 2 a boy from the same village, with a sickle. The incident took place near Sadguru Kirana Stores. Upon reaching the spot, she saw that her brother’s left palm was injured and blood was oozing out, as a result of being struck by Sagar Dhruv with a sickle. The villagers present at the scene informed her that, over a dispute involving a beedi, Sagar Dhruv abused her brother, mother, and sister using obscene language, threatened to kill them, and then attacked her brother with the sickle he was carrying. Her brother Omprakash was initially treated at CHC Gobara Navapara, and upon referral, he was taken to a private hospital instead of Mekahara Hospital. He is presently admitted at Mamta Hospital, Mowa, Raipur. Govind Pardhi and other nearby residents witnessed and heard the incident. After getting her brother treated, the complainant approached the police station on 21.03.2025 and lodged a report. The report was written as per her statement, and she has sought appropriate legal action. On the basis of the said report, the aforementioned offences have been registered against the accused. A copy of the First Information Report is annexed as Annexure A/2. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that no specific injury is attributed to the applicant. The injured has not sustained any grievous hurt that could cause his death in the ordinary course. He further submits that the applicant has no criminal antecedents and he is in jail since 14.05.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned Panel Lawyer, appearing for the State/non-applicant, would oppose the bail application and submit that the charge sheet has been filed in the present case before the competent Court. He further submits that the applicant allegedly assaulted the 3 injured with a sickle, due to which he suffered grievous injuries. Therefore, the applicant is not entitled to the 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 and from the perusal of the case diary as well as the medical report of the injured, it transpires that the injuries sustained by the injured person are on a non-vital part of the body. Moreover, the charge-sheet has been filed before the competent Court and he is in jail since 14.05.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Sagar Dhruw, involved in Crime No. 90/2025 registered at Police Station – Gobra Navapara, District Raipur (C.G.) offence under Sections 296, 351(2), 115(2), 118(2) of the Bhartiya Nyaya Sanhita, 2023, 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. (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, 4 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek