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2025 DAILYLAW 46832 (CHH)

CHANDRASHEKHAR DHRUV v. STATE OF CHHATTISGARH

MCRC/9999/2025 · 2025-12-07

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Judgment text

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1 2025:CGHC:59446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9999 of 2025 Chandrashekhar Dhruv S/o Late Shankar Dhruv Aged About 18 Years R/o- Shyam Nagar, Canal Road, Police Station- Telibandha, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Telibandha, District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Shivendu Pandya, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/12/2025 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. 495/2025 registered at Police Station Telibandha, District Raipur (C.G.) for the offence punishable under Sections 119(1), 296, 351(2), 118(1), 115(2) of BNS and Sections 25 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that the applicant/accused along with co-accused persons demanded money from the injured for consuming liquor, and when he refused, they assaulted him with a sharp-edged knife, causing injuries, which led to the registration of the alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant had not caused any injury to the injured, he only caught hold of the injured. As per the MLC report, no opinion has been given by the doctor regarding the nature of the injury, and the CT scan report also indicates that no internal damage has been caused to the injured. The applicant is in jail since 11.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant, along with co- accused persons, allegedly demanded money for consuming liquor, and upon the injured’s refusal, the applicant assaulted him with a sharp-edged knife, causing injuries. Therefore, he is not entitled for grant of bail. 3 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, nature and gravity of offence, period of detention of the applicant since 11.08.2025, the fact though the applicant allegedly in collusion with other co-accused persons assaulted the injured with a sharp- edged knife, causing injuries to the injured, but considering the fact that the applciant only caught hold of the injured, further considering the MLC Report, as per the MLC report, no opinion has been given by the doctor regarding the nature of the injury, and the CT scan report also indicates that no internal damage has been caused to the injured, the applicant has no criminal antecedents and charge- sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Chandrashekhar Dhruv, involved in Crime No. 495/2025 registered at Police Station Telibandha, District Raipur (C.G.) for the offence punishable under Sections 119(1), 296, 351(2), 118(1), 115(2) of BNS and Sections 25 & 27 of Arms Act, 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 4 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 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. 9. 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 Akhil