1 2025:CGHC:55909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8249 of 2025 Mohan @ Montu Dhimar S/o Manharna Dhimar Aged About 25 Years H.No 386, Karanja Bhilai, Police Chowki Jewra Sirsa Police Station- Pulgaon District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Pulgaon District- Durg (C.G.) ... Non-applicant For Applicant : Mr. Adarsh Rajpur, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 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. 247/2025, registered at Police Station –Pulagaon O.P. Jewra Sirsa District – Durg (C.G.) for the offence punishable under Sections 296, 109 & 3(5) of the BNS. 2. The prosecution, in brief, is that on the night of June 29, 2025, in Karnja Bhilai district Durg, Chhattisgarh. The complainant, Dev Kumar VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:25 +0530 2 Thakur, Ashish Thakur along with his friend Rahul Verma, visited Karan Thakur's house in the village, which led to an argument involving Karan Thakur, Ashish Thakur, and Amit Das Manikpuri after this Deva Thakur and all his friends get back his home. This dispute escalated into a physical altercation on dated 30.06.2025 time 11:00 p.m when a group of Amit Das Manikpuri including, Nikhil Yadav attacked Ashish Thakur with Knife and Kaushal Dhimar, Mohan Dhimar with hand and punches. The assault resulted in severe injuries to Ashish Thakur, particularly to his back and waist, as well as injuries to his companions. Attempts by Amit Das Manikpuri led to further violence. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits as no weapon was recovered from him and the only seizure made was his clothes. The statement of Ashish Thakur recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), clearly states that applicant Mohan Dhimar did not assault or instigate anyone; rather, he attempted to intervene and pacify the situation between Ashish Thakur and Amit Das Manikpuri to prevent further escalation. Considering that the trial proceedings will take considerable time to conclude, it is not justified to keep the applicant in custody. The applicant is a permanent resident of the address mentioned in the cause title and is ready to abide by any conditions imposed by this Hon’ble Court,Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has been filed 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 offence levelled against the applicant, and the fact that the applicant had no role in causing injury to the complainant, as the injuries were caused by the co-accused, the case of the present applicant stands on a different footing from that of the co-accused. Furthermore, the charge-sheet has already been submitted before the competent Court, the applicant has no criminal antecedent, and he has been in jail since 01.07.2025. As the conclusion of the trial may take some time, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Mohan @ Montu Dhimar, involved in Crime No. 247/2025, registered at Police Station –Pulagaon O.P. Jewra Sirsa District – Durg (C.G.) for the offence punishable under Sections 296, 109 & 3(5) of the BNS., be released on bail on furnishing personal bond with two local 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 him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav