1 2025:CGHC:54633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8951 of 2025 1 - Nageshwar Dhimar S/o Shri Tulsiram Dhimar Aged About 21 Years R/o Lal Bagicha Ward, Shitlapara Dhamtari, District Dhamtari, Chhattisgarh. 2 - Gaurav Dhruv S/o Shri Santosh Dhruv Aged About 21 Years R/o Lal Bagicha Ward, Shitlapara Dhamtari, District Dhamtari, Chhattisgarh. ... Applicants versus 1 - State of Chhattisgarh Through Officer-In-Charge Of Police Station- Rudri, District Dhamtari, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Prakhar Dashare, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.11.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.34/2025, registered at Police Station – Rudri, District – Dhamtari (C.G.) for the offence punishable under Sections 311 & 309 (6) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25, 27 of Arms Act. 2. The case of the prosecution, is that on 29.08.2025, complainant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.12 11:05:47 +0530 2 Akash Sonwani has lodged the FIR against an unknown person and as per the version of the FIR complainant stated that some unknown person has assaulted the complainant by brandishing the knife and striking them with fist, stole his mobile and cash. After that applicants were implicated in this case. Thereafter Police has registered against the applicants. Hence, this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is one criminal antecedents registered against both the applicants. It is further submitted that there is no injury has been received by the injured/complainant and the charge-sheet has been filed in this case. The applicant is in jail since 30.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against both the applicants and the charge-sheet has been filed in this case. He further submits that one knife and total amount of Rs.700/- have been recovered from the applicants. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no injury has been received by the injured/complainant, charge-sheet has been filed against the applicant, the applicant is in jail since 30.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this 3 application on the ground of parity. 7. Let applicants, Nageshwar Dhimar and Gaurav Dhruv, involved in Crime No.34/2025, registered at Police Station – Rudri, District – Dhamtari (C.G.) for the offence punishable under Sections 311 & 309 (6) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25, 27 of Arms Act, 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. (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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali