1 2025:CGHC:59799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8254 of 2025 Asharam Dhruw S/o Late Rainsingh Dhruw Aged About 55 Years R/o Village - Hardi (Kasarbaya), P.S. - Gariyaband, District - Gariyaband (C.G.) --- Applicant versus State of Chhattisgarh Through - The P.S. - Gariyaband, District - Gariyaband (C.G.) --- Non-Applicant Along with MCRC No. 9706 of 2025 1 - Jhameshwar @ Jhamesh Dhruw S/o Asharam Dhruw Aged About 29 Years R/o Village Hardi (Kasarbaya) P.S. Gariyaband, District- Gariyaband (C.G.) 2 - Thaneshwar Dhruw S/o Asharam Dhruw Aged About 24 Years R/o Village Hardi (Kasarbaya) P.S. Gariyaband, District- Gariyaband (C.G.) --- Applicants Versus State of Chhattisgarh Through The P.S. Gariyaband, District- Gariyaband (C.G.) --- Non-Applicant For Applicants : Mr. N. Naha Roy, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.12.2025 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being disposed of by this common order. 2. The applicants have preferred these First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 84/2025, registered at Police Station : Gariyaband, District- Gariyaband, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 121(1), 132, 191(2), 126(2), 109(1), 121(2), 324(4), and 238 of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, in brief, is that on 12.06.2025, information was received from Security Personnel Hemant Singh Thakur that one Asharam Gond, resident of village Hardi, along with his family members, was attempting to illegally occupy a piece of forest land with the aid of a JCB machine. Acting on the said information, Forest Department ofÏcers Zakir Hussain Siddiqui, Ashok Sinha, Khileshwar Sahu and driver Ghanshyam Yadav reached the spot and found Asharam Gond and his family converting forest land into agricultural land using the JCB. Upon arrival of the authorities, the accused persons, including Asharam Gond, the present applicants, Thaneshwar Gond, Jhameshwar Gond, and their sister Sita, began abusing the ofÏcials, encircled them, and assaulted them with an 3 axe and bamboo sticks. Thereafter, an FIR was registered, and following investigation, the charge-sheet was filed for offences punishable under Sections 296, 351(2), 115(2), 121(1), 132, 191(2), 126(2), 109(1), 121(2), 324(4), and 238 of the BNS, 2023. 4. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid case and have not committed any offence, a false report has been lodged against the applicants. He further submits that they have assaulted the injured with a, axe, bamboo stick, fists and hands, who has sustained injuries which is non vital part of the body. He further submits that the injured person was received injuries simple in nature nor any in a grievous nature. He further submits that similarly situated co-accused person, namely, Rohit Dhruw has already been granted bail by this Court vide order dated 17.09.2025 in MCRC No. 7302/2025. He also submits that the applicants are in jail since 12.06.2025, the applicants have some criminal antecedents which are explained in the afÏdavit of this bail application, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the allegations are serious in nature and a clear attempt was made by the accused persons to encroach upon forest land and 4 obstruct public servants in discharge of their ofÏcial duties. It is argued that the Forest Department ofÏcials were assaulted with an axe and bamboo sticks, and their statements are consistent and corroborated by the seizure and spot inspection. He contends that the accused acted in a unlawful and aggressive manner, and therefore no leniency is warranted at this stage. He also submits that the applicants have previous criminal antecedents, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 12.06.2025, the fact that though all the applicants assaulted the injured with an axe, bamboo stick, who has sustained injuries, but the injured person was received injuries simple in nature nor any in a grievous nature and co-accused person, namely, Rohit Dhruw has already been granted bail by this Court vide order dated 17.09.2025 in MCRC No. 7302/2025, further the applicants have some criminal antecedents which are explained in the afÏdavit of this bail application, and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. 8. Let the Applicants – Asharam Dhruw, Jhameshwar @ Jhamesh Dhruw and Thaneshwar Dhruw, involved in Crime No. 84/2025, registered at Police Station : Gariyaband, District- Gariyaband, 5 (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 121(1), 132, 191(2), 126(2), 109(1), 121(2), 324(4), and 238 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 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 6 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. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan