1 2025:CGHC:55373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9143 of 2025 1 - Radheshyam Dheevar @ Radhe S/o Shri Chandrika Dheevar Aged About 20 Years R/o Village Kurud, P.S. Mandir Hasaud, District- Raipur (C.G.) 2 - Laxmi Narayan Dheevar @ Laxmi S/o Shri Madhav Dheevar Aged About 27 Years R/o Village Kurud, P.S. Mandir Hasaud, District- Raipur (C.G.) 3 - Mohit Dheevar S/o Shri Vishnu Dheevar Aged About 26 Years R/o Village Kurud, P.S. Mandir Hasaud, District- Raipur (C.G.) 4 - Ramnarayan Dheevar @ Narayan S/o Shri Nakchhedu Dheevar Aged About 46 Years R/o Village Kurud, P.S. Mandir Hasaud, District- Raipur (C.G.) 5 - Ajay Dheevar @ Gujjar S/o Shri Nakul Dheevar Aged About 30 Years R/o Village Kurud, P.S. Mandir Hasaud, District- Raipur (C.G.) 6 - Suraj Dheevar S/o Shri Nakul Dheevar Aged About 24 Years R/o Village Kurud, P.S. Mandir Hasaud, District- Raipur (C.G.) 7 - Vijay Dheevar S/o Shri Madhav Dheevar Aged About 28 Years R/o Village Kurud, P.S. Mandir Hasaud, District- Raipur (C.G.) 8 - Jaiprakash @ Jai Dheevar S/o Shri Madhav Dheevar Aged About 34 Years R/o Village Kurud, P.S. Mandir Hasaud, District- Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through P.S. Mandir Hasaud, District- Raipur (C.G.) ... Non-applicant For Applicants : Mr. Mayank Chandrakar, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 11:31:52 +0530 2 the applicants who have been arrested in connection with Crime No. 361/2025 registered at Police Station : Mandir Hasaud, District – Raipur (C.G.) for the offence punishable under Sections 191(1), 191(2), 296, 115(2), 351(2), 109 & 238 of the BNS. 2. The prosecution, in brief, is that the complainant lodged a written complaint before the concerned Police Station stating that on the date of the incident, a dispute arose between the parties during the Balakdas Jayanti event, which subsequently led to a mutual altercation and scuffle between them. It is further stated that both parties lodged FIRs against each other. On the basis of the complaint made by the complainant, the police registered an offence punishable under Sections 191(1), 191(2), 296, 115(2), 351(2), 109, and 238 of the Bharatiya Nyaya Sanhita, 2023, bearing Crime No. 361/2025 against the present applicants. That after receiving the complaint concerning police registered case against present applicants as well as other co-accused persons and after arresting and completion of investigation filed the charge sheet before the jurisdictional Magistrate. Hence this bail application. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. The applicants are innocent and have no connection whatsoever with the alleged crime. The essential ingredients of the offences punishable under Sections 191(1), 191(2), 296, 115(2), 351(2), 109, and 238 of the Bharatiya Nyaya Sanhita are completely missing in the instant case, as there is no evidence indicating the involvement of the present applicants. It is further submitted that the 3 applicants’ side had earlier lodged FIR No. 360/2025 against the complainant’s side, and in retaliation, a counter-FIR has been registered against the applicants, in which this Hon’ble Court has already granted bail to the co-accused persons in M.Cr.C. No. 8523/2025 and 8525/2025 (Annexure A/3). A bare perusal of the MLC report reveals that the injuries sustained by the complainant are simple in nature and not grievous. The applicants have been falsely implicated in the present case merely on the basis of suspicion and baseless allegations. Applicants No. 1 to 6 were arrested on 19.08.2025, and Applicants No. 7 and 8 were arrested on 27.09.2025; since the trial is likely to take considerable time, the applicants may kindly be released on bail. The applicants are permanent residents of the addresses mentioned in the cause title, and there is no likelihood of their absconding. They are ready and willing to furnish adequate surety and shall abide by all the directions and conditions that may be imposed by this Hon’ble Court. therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicants and submits that the charge- sheet has not been submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that there are cross-reports of the incident wherein both sides have sustained injuries, it is also noted 4 that the applicants’ side had earlier lodged FIR No. 360/2025 against the complainant’s side, and in retaliation, a counter-FIR has been registered against the applicants, in which this Court has already granted bail to the co-accused persons in M.Cr.C. No. 8523/2025 and 8525/2025 vide order dated 28.10.2025. A bare perusal of the MLC report further reveals that the injuries sustained by the complainant are simple in nature and not grievous. Further, taking into account that the charge-sheet has not yet been filed before the competent Court and that the applicants have been in jail since 16.01.2025, this Court, considering all these aspects and the fact that the trial is likely to take some time for its conclusion, this court of the considered opinion that the applicants are entitled to be released on bail in the present case. 7. Let the applicants – Radheshyam Dheevar @ Radhe, Laxmi Narayan Dheevar @ Laxmi, Mohit Dheevar, Ramnarayan Dheevar @ Narayan, Ajay Dheevar @ Gujjar, Suraj Dheevar, Vijay Dheevar & Jaiprakash @ Jai Dheevar involved in Crime No. 361/2025 registered at Police Station : Mandir Hasaud, District – Raipur (C.G.) for the offence punishable under Sections 191(1), 191(2), 296, 115(2), 351(2), 109 & 238 of the BNS., be released on bail on furnishing a personal bond with two local 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 counsel. In case of their absence, without 5 sufficient 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 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 vaibhav