1 2025:CGHC:54602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8914 of 2025 Shiv Shankar Dhruv S/o Pratap Dhruv Aged About 19 Years R/o Banjari Nagar, Ravan Bhata, Near Rajat Kirana Store, P.S. Khamtarai, Distt.- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Khamtarai, District- Raipur (C.G.) ... Non-applicant For Applicant : None. For Non-Applicant : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.11.2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 07.08.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 889/2025 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 126(2), 324(4), 309(6), 311, 3(5) of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.11 13:07:58 +0530 2 Bhartiya Nyaya Sanhita, 2023. 4. The case of the prosecution, in brief, is that on 05.08.2025, at about 1:00 PM, the complainant was proceeding towards his residence for lunch on his motorcycle bearing registration number CG04-LF-2505 (Passion X- Pro). When he reached Transport Nagar, Parking No. 9, behind the Sulabh Shauchalaya, two to three boys suddenly came in front of his motorcycle, obstructed his way, and allegedly attempted to commit robbery. It is alleged that one of the said boys took out the ignition key of the motorcycle, another forcibly put his hand into the complainant’s shirt pocket and took away a sum of Rs. 500/- and the third person took out the complainant’s mobile phone from his trouser pocket. When the complainant tried to resist and attempted to retrieve his belongings, one of the assailants took out a knife and attempted to attack him; however, the knife did not strike him. Thereafter, the complainant was allegedly chased by the three persons. He called out for help to his acquaintances, Subhash Kundu and Vijay Kumar Rai, who came to assist him. The said three assailants then allegedly assaulted the complainant and his companions with fists, stones, and a wooden plank, causing bodily injuries. It is further alleged that the assailants also damaged the complainant’s motorcycle and fled the scene after looting his money. The nearby people informed the complainant that the persons involved in the said incident were Shivshankar Dhruv, Chitran Sen, and their associate. The incident was allegedly witnessed and heard by Subhash Kundu, Jayprakash Yadav, and other local persons. Hence, the FIR was registered. 5. Learned State counsel opposes the bail application of the present applicant and submits that on 05.08.2025, at about 1:00 PM, the complainant was intercepted near Transport Nagar, Parking No. 9, by 3 two to three persons who allegedly robbed him of Rs. 500/- and a mobile phone, and attempted to attack him with a knife when he resisted. It is further alleged that the accused, namely Shivshankar Dhruv, Chitran Sen, and another associate, assaulted the complainant and his companions, causing injuries and damaging the motorcycle. Hence, the applicant does not deserve the benefit of regular bail. 6. I have heard learned State counsel and perused the case diary. 7. Considering the facts and circumstances of the case and further from the perusal of the case diary, it transpires that though the injury received by the injured namely, Subhash Kundu grievous in nature but the same is not dangerous to life, also considering the fact that the applicant has no criminal antecedents and the charge - sheet has already been submitted in the present case before the competent Court, the applicant has been in jail since 07.08.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. 8. Let the Applicant – Shiv Shankar Dhruv, involved in Crime No. 889/2025 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 126(2), 324(4), 309(6), 311, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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. 4 (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 sufÏcient 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 sufÏcient 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. 9. OfÏce 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 Abhishek