1 2025:CGHC:49233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6228 of 2025 Pramod Dhritlahre S/o Shri Nand Kumar Dhritlahre Aged About 25 Years R/o Sheetla Mandir Talab, Birgaon, Police Station Urla, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Police Khamtarai, Raipur, District : Raipur, Chhattisgarh ... Respondent For Applicant : Shri D. Kushwaha, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/09/2025 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.762/2025 registered at Police Station Khamtarai Raipur district GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.25 19:19:17 +0530 2 Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1) (As per FIR) & 3(5) of the Bharatiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that a report No.762/2025 registered at Police Station Khamtari for the offence punishable U/s. 296, 351(2), 115(2), 118(2), 3(5) of the Bharatiya Nyay Sanhita, 2023,, according to which the applicant and co-accused namely Hemraj Sahu had committed marpit with the complainant party by using filthy languages in the night of 11.07.2025 at 08.00 am. The present Applicant is in jail since 13.07.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He would submit that allegation against the present applicant is that he assaulted the injured by hand and fist whereas the main allegation of assault by knife to the injured is against the co-accused Hemraj Sahu. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 13/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that submit that charge sheet has been filed in this case before the competent court. She would submit that main allegation of assault by knife to the injured is against the co-accused Hemraj Sahu and the applicant has assaulted the injured by hand and fist. 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, 3 considering the fact that applicant has assaulted the injured by hand and fist whereas the main allegation of assault by knife to the injured is against the co-accused Hemraj Sahu, period of detention of the applicant since 13/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Pramod Dhritlahre, involved in Crime No.762/2025 registered at Police Station Khamtarai Raipur district Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1) (As per FIR) & 3(5) of the Bharatiya Nyay Sanhita, 2023, 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, 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri