1 2025:CGHC:56175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8348 of 2025 Sagar Dehre @ Reni S/o Drigpal Aged About 18 Years R/o Gitanjli City Phase 2, E- 62, P.S. Sarkanda, Distt. Bilaspur, Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Sarkanda, Distt. Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Ms. Divya Sahu, Advocate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 18/11/2025 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. 1237/2025 registered at Police Station – Sarkanda, District – Bilaspur (C.G.), for the offence punishable under Sections 115 (2), 296, 351 (2), 119 (1), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959. 2. The prosecution's case in brief is that, the complainant namely, Dravid Das Manikpuri lodged report in the concerned police station stating that on 04.09.2025, at about 9:00 PM, his younger brother victim namely, Satyam Das Manikpuri was at a Ganesh Pandal in Devnandan Nagar engaged in preparations for worship and devotional singing with other community 2 members. At that time, present applicant applicant along with his associates, approached and demanded money from injured for consuming alcohol. When injured/victim refused to give money, applicant and his associates abused him with obscene language, physically assaulted him with fists and threatened to kill him. Thereafter, the applicant then took out a sharp object from his pocket and struck injured on the head, causing an injury on the right side of his head from which blood was oozing. The complainant was informed about the incident via a phone call from people present at the pandal and subsequently, he admitted injured at Shyama Hospital for treatment. During the investigation, the accused, applicant was taken into custody on 05.09.2025. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that nature of injuries suffered by the complainant is simple in nature which is evident from the medical report of the victim and further, no seizure has been made from the present applicant. There is no material available against applicant in the charge-sheet and applicant was impleaded only on hearsay as the complainant was not present on the place of incident. So far as the criminal antecedents of the applicant is concerned, she submits that there is one antecedent (Crime No. 239/2022, P.S. Civil Lines, District – Bilaspur) against the applicant. Hence, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been submitted before the competent Court and the investigation is still going on. However, he submits that there specific allegations against the applicant of commission of offence of assault upon the complainant by means of knife, hands and fists. The nature of injuries sustained by the applicant are grievous in nature, therefore, the applicant may not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, injuries sustained by the applicant to be simple in nature, there is one criminal antecedent against the applicant and further the fact that investigation is not complete, period of pre-trial detention, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Sagar Dehre @ Reni, involved in Crime No. 1237/2025 registered at Police Station – Sarkanda, District – Bilaspur (C.G.), for the offence punishable under Sections 115 (2), 296, 351 (2), 119 (1), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959, 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 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 4 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 SHUBHAM DEY Digitally signed by SHUBHAM DEY