1 2025:CGHC:53894 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8795 of 2025 Sitambar Dhritlahre S/o Devraj Dhritlahre Aged About 25 Years R/o Behind Megha Medical Store, Sankra, P.S. Dharsiwa, Distt. Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Dharsiwa, Raipur, Distt. Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.11 .202 5 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. 404/2025, registered at Police Station – Dharsiwa, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 119(1) and 296 of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution's case, the complainant lodged a report at PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.06 13:24:10 +0530 2 the concerned police station alleging, inter-alia, that on the date of the incident, a minor dispute arose between the applicant and the complainant regarding the consumption of liquor. Thereafter, the applicant allegedly assaulted the complainant with hands and fists, as a result of which the complainant sustained simple injuries. Based on the said complaint, the concerned police registered an offence against the applicant under Sections 119(1) and 296 of the Bharatiya Nyaya Sanhita, 2023. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant allegedly assaulted the complainant with hands and fists, resulting in simple injuries. It is also submitted that the applicant has two previous criminal antecedents. The charge-sheet has already been filed in this case. The applicant has been in judicial custody since 18.08.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays that the applicant be granted bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. She further submits that the applicant has two previous criminal antecedents one under the IPC and another under the Gambling Act, therefore, the applicant 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, 3 nature and gravity of allegation levelled against the applicant and the fact that the applicant allegedly assaulted the complainant with hands and fists, resulting in simple injuries, the applicant has two previous criminal antecedents, one is under the IPC and another one is under the Gambling Act, the charge-sheet has already been filed in this case and he is in jail since 18.08.2025, the trial is likely to take considerable time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Sitambar Dhritlahre, involved in Crime No. 404/2025, registered at Police Station – Dharsiwa, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 119(1) and 296 of Bharatiya 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 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 4 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 Preeti