Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:53093
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7652 of 2025 Sanni Dhruw S/o Ramesh Dhruw Aged About 19 Years R/o Ward No. 02, Behind C.H.C. Abhanpur, District Raipur Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Abhanpur, Raipur District Raipur (C.G.)
... Respondent For Applicant : Ms. Khusbu Sahu, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 30/10/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.227/2025 registered at Police Station Abhanpur, Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 3(5) of B.N.S. 2023 and section 25, 27 of Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.31 20:02:42 +0530
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2. Case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia that on the date of incident there was simple dispute arose in between applicant and complainant and thereafter, the applicant has committed marpeet with the complainant by knife, as resultant, the complainant has received simple injury on his cheek. Based upon the such complaint concerned police has been registered offence against the applicant u/s 296, 351(2), 115(2), 118(1), 3(5) of B.N.S. 2023 and section 25, 27 of Arms Act.
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Learned counsel for the applicant submits that the applicant is said to have caused injuries by knife on the face of the injured and out of 20 criminal antecedents of the applicant four have been explained in the covering memo. She would submit that the applicant is in jail since 09/08/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that the applicant has 20 criminal antecedents including the present case and 19 cases are of the year 2013, 2014, 2016, 2017, 2018, 2020 & 2023. He would further submit that the applicant has caused injuries by knife on cheek of the injured and as per the MLC report, there is no opinion given by doctor regarding the nature of the injury. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, considering the fact
3 that as per the MLC report, there is no opinion given by doctor regarding the nature of the injury, further considering the fact that most of the criminal antecedents of the applicant are old and stale, period of detention of the applicant since 09/08/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sanni Dhruw involved in Crime No.227/2025 registered at Police Station Abhanpur, Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 3(5) of B.N.S. 2023 and section 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
4 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 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 for necessary information and compliance. Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
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