1 / 4 2025:CGHC:51470 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7293 of 2025 Aryan Diwan @ Paau S/o Raghvendra Das Diwan Aged About 21 Years R/o Next To M-193, Pump House, Korba, Tehsil And District Korba Chhattisgarh ---Applicant versus State Of Chhattisgarh Through Chauki Cseb Thana Civil Line Rampur, Korba, District Korba Chhattisgarh (As Per Order Sheet) ---Non-applicant For Applicants : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 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. 485/2025, registered at Police Station Civil Line Korba District – Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 310(2), 324(4) & 333 of BNS. 2. The prosecution case in brief is that on 11/08/25 the complainant namely Anita Yadav has lodged oral report before civil line Korba stating that her son was working at Gupchup shop and when he was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.16 12:22:39 +0530 2 / 4 returning to home at about 10.30 pm the accused persons told him that you has registered report against them due to which the accused persons assaulted him with the help of rod, stick and also damaged the washing machine Thereafter police has registered the FIR against the six accused persons, after investigation police has added the name of applicant on the basis of memorandum of co-accused persons. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated. He further submits that the applicant is aged about 21 years and has been in jail since 11.08.2025, his prolonged detention with hardened criminals is likely to adversely affect his life. The applicant is working as a salesman in Auto Deal, Transport Nagar, Korba. His name does not appear in the FIR, and he has been implicated solely on the basis of the memorandum of a co-accused person. At the time of the incident, the applicant was not present at the spot, which is evident from the CCTV footage, as he was at home. The applicant reserves his right to raise any other grounds at the time of hearing of the case. He further submits that applincat is in jail since11.08.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application. 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 present applicant, and also taking into account that the applicant has no criminal antecedent, that 3 / 4 the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 11.08.2025, and that the conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Aryan Diwan @ Paau, involved in Crime No. 485/2025, registered at Police Station Civil Line Korba District – Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 310(2), 324(4) & 333 of 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. (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 4 / 4 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