1 2025:CGHC:54393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8925 of 2025 • Shailendra Dhruw S/o Ratanu Dhruw, Aged About 26 Years R/o Village Rahangi, P.S. Chakarbhatha, Dist.- Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Chakarbhatha, Dist.- Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pritam Singh, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 317/2025, registered at Police Station – Chkarbhata, District – Bilaspur (C.G.) for the offence punishable under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant, a resident of village Telsara and a driver by profession, had gone with his companion Sanjay Brijwasi on Sanjay's Hero Passion Pro motorcycle to their maternal uncle's house in village Muru on 09.08.2025 for the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.07 17:59:40 +0530 2 Raksha Bandhan festival. While returning at around 12:20 a.m. that night via the Telsara-Kharkena bypass near Jogipur, Chakrabhata, before the Waneerav petrol pump, two unknown persons on a Pulsar motorcycle intercepted them, stopped their vehicle, and started assaulting the complainant and Sanjay with fists. During the scuffle, Sanjay fled from the spot with his motorcycle, leaving the complainant behind. The accused persons continued to beat the complainant, and one of them, a shorter man, took 9,000 in cash (in ₹ ₹500 notes) and a mobile phone from his pocket. The mobile was later thrown back at him, but the money was taken away. While fleeing, Sanjay, who was standing near the petrol pump, managed to click a photo of the Pulsar motorcycle bearing registration number CG 10 V 7450. After the incident, the complainant reached the Waneerav petrol pump on foot, met Sanjay, and both returned home due to the late hour. The next morning, on 10.08.2025, the complainant came to the Chakrabhata Police Station and lodged his report, which was recorded as per his statement, therefore, offence has been registered against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and nothing has been seized from the possession of the applicant except Rs.1,000/-. He also submits that there is three criminal antecedents registered against the present applicant bearing crime No.316 of 2025 registered at Police Station Chakarbhata for the offence under Sections 309(6), 3(5) and bearing crime No.90 of 2021 registered at Police Station Chakarbhata for the offence under Sections 294, 323, 506, 34 of IPC, both are pending for it’s conclusion and bearing crime No.32 of 2020 registered at Police Station Chakarbhata for the 3 offence under Sections 294, 506, 323, 34 of IPC, which is disposed of. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is three criminal antecedents registered against the present applicant, out of which two cases are still pending for conclusion and the charge-sheet has been filed in this case. It is further submitted that cash amount of Rs.1,000/- recovered from the possession of the present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that nothing has been seized from the possession of the applicant except Rs.1,000/- has been seized from the possession of the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 11.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Shailendra Dhruw involved in Crime No.317/2025, registered at Police Station – Chkarbhata, District – Bilaspur (C.G.) for the offence punishable under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction 4 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali