1 2025:CGHC:43976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6413 of 2025 • Mevaram Dhiwar S/o Sanat Kumar Dhiwar Aged About 20 Years R/o Kathraud, Police Station Suhela, District Baloda Bazaar-Bhatapara Chhattisgarh At Present Jagriti Nagar, Chhatwa Talab, Bhanpuri, Police Station Khamtarai, District Raipur Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station - Khamtarai, District - Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vimlesh Bajpai and Mr. Sharad Prakash Yadav, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.371/2025 registered at Police Station Khamtarai, Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(2), 118(1), 3(5) of the BNS and Section 25, 27 of the Arms Act. 2. The prosecution story, in brief, is that complainant namely Lokesh VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.01 18:53:31 +0530 2 Kumar Janghel has lodged report against the applicant and co- accused alleged that on 23.04.2025 in the night, near Bhanpuri, Lalu Chowk, the people of Telgu society are in procession of Solapuri Mata with the sound and music in which the complainant was participated in the said procession. That, due to previous enmity between the applicant and complainant one of the juvenile conflicted with law assaulted by means of knife to the injured Sandeep Nirmalkar received grievous injuries on the abdomen, when complainant and one Chirag Sahu trying to intervene the dispute then juvenile conflicted with law gave the knife to the applicant and applicant continuously assaulted the complainant and one Chirag Sahu in which they have received injuries upper side of waist, back and palm of left hand and Chirag Sahu received injury on the thigh, Sandeep Nirmalkar admitted in the hospital and on the said incident, F.I.R. was registered against the applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further vehemently argued by the learned counsel for the applicant that there is three injured persons and the allegation levelled against the present applicant is that he assaulted two injured persons namely Lokesh Kumar and Chirag Sahu with knief, as a result they received injuries which are simple in nature and so far as there is other one injured person namely Sandeep Nirmalkar, who said to have caused grievous injuries by co-accused, who is juvenile. The charge sheet has already been filed and he is in jail since 24.04.2025, therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that the 3 charge-sheet has already been filed in the present case, looking to the conduct of the applicant, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that the allegation levelled against the present applicant is that he assaulted two injured persons namely Lokesh Kumar and Chirag Sahu with knife, as a result they received injuries which are simple in nature. Charge-sheet has already been filed and he is in jail since 24.04.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Mevaram Dhiwar involved in Crime No.371/2025 registered at Police Station Khamtarai, Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(2), 118(1), 3(5) of the BNS and Section 25, 27 of the Arms Act, 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 vaishali