1 2025:CGHC:50092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7937 of 2025 Mohan Rajwade S/o Late Charku Rajwade Aged About 42 Years R/o Village Newra P.S. And Tahsil Surajpur, District- Surajpur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Surajpur, District- Surajpur (C.G.) ... Non-applicant(s) For Applicant : Mr. Aishwary Diwan, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 246/2025 registered at Police Station- Surajpur, District- Surajpur (C.G.), for the offence punishable under Sections 331(6), 191(1), 191(2), 190, 127(2), 310(2), 351(3), 115(2), 324(6), 296(B) of BNS. 2. Case of the prosecution, in brief, is that on 21.05.2025, the complainant Aman Mittal lodged an FIR at Police Station Surajpur, stating therein that he owns a factory named Viraat Solvent Pvt. Ltd. located at village Newra. On 20.05.2025, about 10 persons from KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 village Newra had come to work as laborers. At around 7:45 PM, when they demanded their wages, they were informed that payment is made on Wednesdays. However, they deliberately started an argument and issued threats. At about 8:15 PM, around 15–20 persons, armed with rods, sticks, and stones, entered the factory premises while abusing and started assaulting people and damaging property. They also looted ₹27,00,000/- (twenty-seven lakh rupees) and certain documents from the bag of Aman Mittal’s brother Ashish Mittal. Based on the said complaint, Crime No. 246/2025 was registered at Police Station Surajpur under Sections 331(6), 191(1), 191(2), 190, 127(2), 310(2), 351(3), 115(2), 324(6), and 296(B) of the Bharatiya Nyaya Sanhita, against Ishwar Rajwade and 15–20 other persons. The victims Aman Mittal, Panne Rajwade, Sohel, Rajesh Chaturvedi, and Mayank Soni were medically examined at the District Hospital, Surajpur. During investigation, the statements of witnesses Aman Mittal, Mayank Soni, Rajesh Chaturvedi, Jitendra Kumar Patel, Harish, Kamlesh, and Manoj Singh were recorded. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that there was a dispute took place between the applicant and complainant regarding wages, on account of which in between the applicant along with other co-accused and complainant scuffle has been arises which resultant to registration of F.I.R and further the injuries sustained by the injured are simple in nature and the appdlicant is in jail since 04.06.2025. He further submits that the co-accused namely Dilip Kumar has already been granted bail by 3 this Court in MCRC No. 7168/2025, vide order dated 09.09.2025 and the case of the applicant is similar to that co-accused and in the present case charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedents therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that the allegations levelled against the applicant are of a serious and grave nature. It is submitted that as per the case diary, on 20.05.2025, a large group of 15–20 persons including the present applicant, armed with rods, sticks, and stones, had forcibly entered the premises of Viraat Solvent Pvt. Ltd. and not only assaulted the complainant party but also caused substantial damage to the factory property. They further looted an amount of ₹27,00,000/- along with important documents from the possession of Ashish Mittal, the brother of the complainant. It is further submitted that the incident was premeditated and carried out in a violent and organized manner, causing serious law and order disturbance in the area. Statements of the witnesses namely Aman Mittal, Mayank Soni, Rajesh Chaturvedi, Jitendra Kumar Patel, Harish, Kamlesh and Manoj Singh have clearly implicated the present applicant in active participation during the incident. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the overall facts and circumstances of the 4 case, nature and gravity of the offence alleged against the applicant and the recovery made from him and further considering that the charge-sheet has already been filed before the competent Court and the applicant has no previous criminal antecedents, moreover the co-accused, namely Dilip Kumar, has already been granted bail by this Court in MCRC No. 7168/2025 vide order dated 09.09.2025 and the case of the present applicant stands on a similar footing. It is also observed that although the applicant along with other co-accused persons assaulted the complainant party, the injuries sustained by the victims are simple in nature and the applicant is in custody since 04.06.2025 and as the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail. 7. Let the applicant – Mohan Rajwade, involved in Crime No. 246/2025 registered at Police Station- Surajpur, District- Surajpur (C.G.), for the offence punishable under Sections 331(6), 191(1), 191(2), 190, 127(2), 310(2), 351(3), 115(2), 324(6), 296(B) of BNS, 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. 5 (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 for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal