1 2025:CGHC:47826 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7302 of 2025 Rohit Dhruw S/o Devsingh Dhruw Aged About 27 Years R/o Village Hardi (Kasarbaya), P.S. Gariyaband, Dist- Gariyaband (C.G.) ... Applicant versus State of Chhattisgarh Through The P.S. Gariyaband, Dist- Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. N.Naha Roy, Advocate. Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 84/2025, registered at Police Station Gariyaband, District Gariyaband (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 121(1), 132, 191(2), 126(2), 109(1), 121(2), 324(4), 238 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on 12.06.2025, the applicant was informed by one Hemant Singh Thakur, Security Personnel, that a resident of Village Hardi, namely Asharam Gond, along with his family members and a JCB machine, was illegally attempting to take ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.18 19:06:57 +0530 2 possession of a piece of forest land. Upon receiving the said information, officers of the Forest Department, namely Zakir Hussain Siddiqui, Ashok Sinha, Khileshwar Sahu, and driver Ghanshyam Yadav, proceeded to the location and found that Asharam Gond and his family were converting the forest land into agricultural land with the help of the JCB machine. As soon as the authorities arrived, the co-accused persons, namely Asharam Gond, Thaneshwar Gond, Jhameshwar Gond, and their sister Sita, started abusing the authorities and went to the extent of encircling them. Armed with an axe and bamboo rods, they assaulted the authorities. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He submits that the prosecution has prepared a concocted case, which is not substantiated by any cogent or reliable evidence. He further submits that at the time of the alleged incident, the applicant was not present at the spot. As per the prosecution story itself, the applicant did not indulge in any altercation with the authorities. He also submits that the applicant has recently undergone abdominal surgery and is in the process of recovery. Hence, he requires liberty to ensure complete recuperation from his ailment. He submits that the present applicant has no criminal antecedents and he is in jail since 12.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court in the present case. He submits that the allegation against the applicant is that, along with other co- 3 accused persons, he allegedly assaulted three injured persons, out of whom one, namely Zakir Hussain Siddiqui, sustained grievous injuries. Insofar as the present applicant is concerned, he was present at the time of the incident, holding a stick and obstructing the way of the injured. Therefore, he is not entitled to be granted regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offense, and from perusal of the case diary, it transpires that the only allegation against the applicant is that, at the time of the occurrence, he was holding a stick and obstructing the way of the injured, moreover, the fact that the charge-sheet has already been submitted before the competent Court in the present case, the applicant is in jail since 12.06.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Rohit Dhruw, involved in Crime No. 84/2025, registered at Police Station Gariyaband, District Gariyaband (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 121(1), 132, 191(2), 126(2), 109(1), 121(2), 324(4), 238 of the Bhartiya Nyaya 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 4 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 his 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 his, 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