1 2025:CGHC:59696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10094 of 2025 1. Bhupesh Kumar Dhruv S/o Ramesh Kumar Dhruv Aged About 23 Years R/o Ganeshpur, Chowki Birejhar, P.S. Kurud, District Dhamtari (C.G.) 2. Manoj Kumar Dhruv @ Mannu S/o Ramgopal Dhruv Aged About 19 Years R/o Alekhuta, P.S. Gobra Nawapara, District Raipur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Chowki Birejhar, Police Station- Kurud, District Dhamtari (C.G.) (Chowki Birejhar Not Mentioned In Fir And P.S Magarload Wrongly Mentioned At Page No. 8 Of Impugned Order) ... Non-applicant For Applicants : Mr. Prasoon Agrawal, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.12.2025 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 applicants who have been arrested in connection with Crime No. 238/2025 registered at Police Chowki Birejhar, Police Station – Kurud, District Dhamtari (C.G.) offence under Sections 296, 115(2), 351(2) and Section 118(1), 109(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 06.10.2025 a named FIR was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.10 11:15:22 +0530 2 lodged against Indu @ Indrakumar and Neeraj Dhruv by the complainant, Tekram Narang, on the allegation that on 04.10.2025, during the Dussehra Festival, a Ramleela skit was being performed at the Dussehra Ground, Ganeshpur Village. At about 1:50 AM, the son of the complainant became involved in a heated argument with the above- named accused persons. As a result, the applicants along with the co- accused persons allegedly started abusing the deceased and assaulted him with hands, fists, and a sharp-edged weapon. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He submits that the main allegation is against the co-accused, namely Indra Kumar, who assaulted the injured with a knife, resulting in grievous injuries. Insofar as the present applicants are concerned, their names came to light during the course of investigation, and the allegation against them is that they assaulted the injured with their hands and fists, causing simple injuries. He further submits that the present applicants have no criminal antecedents and have been in jail since 13.10.2025. As the conclusion of the trial may take some time, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been filed before the competent Court. She further submits that the present applicants, along with the co-accused, assaulted the injured with a knife and with their hands and fists, causing grievous injuries. Therefore, they are not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and upon perusal of the case diary, it transpires that the main allegation is against the co-accused, namely Indra Kumar, who assaulted the injured with a knife, resulting in grievous injuries. So far as the present applicants are concerned, their names come into light during the course of investigation, and the allegation against them is that they assaulted the injured with their hands and fists, causing simple injuries. The case of the present applicants is thus distinguishable from that of the co-accused Indra Kumar. Furthermore, the charge-sheet has already been submitted before the competent Court, and the applicants have been in jail since 13.10.2025. As the conclusion of the trial may take some time, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Bhupesh Kumar Dhruv and Manoj Kumar Dhruv @ Mannu involved in Crime No. 238/2025 registered at Police Chowki Birejhar, Police Station – Kurud, District Dhamtari (C.G.) offence under Sections 296, 115(2), 351(2) and Section 118(1), 109(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their 4 counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 applicants 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 applicants are 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 them in accordance with law. 8. 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