1 2025:CGHC:51746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8359 of 2025 Mandhawa Miri S/o Late Teej Ram Aged About 31 Years R/o Rangerpara, Sarangarh, Police Station And Tahsil Sarangarh, District Sarangarh- Bilaigarh (C.G.) ... Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) (P.S. Correct As Per F.I.R.) ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 16.10.2025 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. 318/2025 registered at Police Station – Sarangarh, District – Sarangarh – Bilaigarh (C.G.), for the offence punishable under Sections 109 (1) and 310 (2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, it is alleged that on 02/07/2025 at about 09 PM, when the victim Mayuresh Kesharwani was in his shop Mona Marble at that time around 10-15 persons attached him with iron rod and other weapons by which the victim sustained serious injuries. Complaint has been made by Amitesh Kesharwani who is the brother SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 of the victim. It is stated in the FIR that the attack was pre-planned and was done under the instructions of Ajay Banjare who is the husband of Smt. Soni Banjare, President of Nagar Palika Sarangarh. It is also stated in the FIR that since past few days the victim was being threatened by way of Facebook and other social media platforms and the accused persons have looted cash and gold chain from the victim. Based on these allegations this FIR has been on registered and the applicant. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case as he has no involvement in the alleged incident. On the date of the alleged occurrence, he had gone to a nearby village for personal reasons, and while returning, he came to know that the incident had taken place. He has been falsely roped in merely because he was seen in the vicinity and due to political rivalry, as he is a supporter of Smt. Soni Banjare, President of Sarangarh Nagar Palika from the Congress Party, whereas the victim belongs to the BJP. The applicant has no role whatsoever in the alleged offence. He is the sole breadwinner of his family. The applicant has been in judicial custody since 03.07.2025. He has not been named in the FIR and has been implicated solely on the basis of conjectures and surmises. Nothing has been recovered from the applicant, nor has any self-incriminating statement been recorded from him. The victim has sustained only simple injuries, and this fact was considered by this Hon’ble Court while granting bail to co-accused Omprakash @ Raja Sahu vide order dated 19.08.2025 in MCRC No. 6382 of 2025. The applicant has no other criminal antecedents except the minor cases mentioned in paragraph 4A of this application, which 3 were petty in nature which were initiated under political pressure. Hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case and that the applicant has 3 criminal antecedents. He further submits that the present applicant assaulted the injured, resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that injuries sustained by the victim is simple in nature, the fact that co-accused, namely, BSanjary Miri and Omprakash @ Raja Sahu preferred regular bail applications bearing M.Cr.C. No. 7122 of 2025 and M.Cr.C. No. 6382 of 2025 before this Court, in which the the co-accused Sanjay Miri and Omprakash @ Raja Sahu have been granted the benefit of regular bail bail, as such, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Mandhawa Miri, involved in Crime No. 318/2025 registered at Police Station – Sarangarh, District – Sarangarh – Bilaigarh (C.G.), for the offence punishable under Sections 109 (1), 310 (2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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 his 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 them, 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 them 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 Dey