1 2025:CGHC:46920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7301 of 2025 Priyanshu Dhimar S/o Pyare Lal Dhimar Aged About 24 Years R/o Mararpara Balod, P.S. And Distt. Balod, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Balod, Distt. Balod, Chhattisgarh. ... Non-applicant For Applicant : Ms. Sweksha Sharma, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.09.2025 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. 198/2025 registered at Police Station Balod, District Balod (C.G.), for the offence punishable under Sections 309(6), 140(3), 126(2), 296, 351(3) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, on 14.05.2025 at about 7:30 pm the applicant along with co-accused persons have looted a sum of rs. 5,500/- from the complainant and abused him and beaten him with hand and fists. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 18:50:30 +0530 2 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. She submits that although the sum of Rs. 2,000/- has been seized from the applicant, it has not been identified by the complainant as the same amount that was allegedly looted. He also submits that the nature of the injury sustained by the complainant is simple. He further submits that the present applicant has three criminal antecedents under the Excise Act, Chhattisgarh Gambling Act, and IPC, out of which only one case under the Chhattisgarh Gambling Act is still pending, while the remaining cases have already been disposed of. She submits that the applicant has been in jail since 16.05.2025, conclusion of the trial may take some time. Therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court 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 and further the fact that the present applicant has three criminal antecedents under the Excise Act, Chhattisgarh Gambling Act, and IPC, out of which only one case under the Chhattisgarh Gambling Act is still pending, while the remaining cases have already been disposed of, moreover, the charge- sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 16.05.2025, conclusion of the trial may take some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Priyanshu Dhimar, involved in Crime No. 198/2025 3 registered at Police Station Balod, District Balod (C.G.), for the offence punishable under Sections 309(6), 140(3), 126(2), 296, 351(3) of the Bhartiya Nyaya Sanhita, 2023, 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 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 4 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