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2025 DAILYLAW 60448 (CHH)

MANOJ DHRITLAHARE v. STATE OF CHHATTISGARH

MCRC/9260/2025 · 2025-12-03

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Judgment text

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1 2025:CGHC:58942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9260 of 2025 • Manoj Dhritlahare S/o Panchram Dhritlahre Aged About 31 Years R/o Akharapara Kurud Chowki Silyari, Police Station Dharsivan, District Raipur C.G. ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Dharsivan, District Raipur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Devesh Chandra Verma, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 407/2025, registered at Police Station – Dharsivan, District – Raipur (C.G.) for the offence punishable under Sections 121(1), 132, 221 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that as per prosecution story is in brief is that, on 19.08.2025, complainant received a secret information that co- accused Gajendra was selling illegal liquor. He VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.05 17:52:06 +0530 2 reached the place of incident with his fellow staff, at the very moment Gajendra tried to abscond from the place, who was caught by them and while enquiring about the illegal liquor. The applicant Manoj and Monika tried to obstruct/deter the police officials from performing their public duty and subjected to threat of life. They adheared foul words and had beaten the police staff with hand and fist and causing injuries received upon injured person. Thereafter FIR has been registered against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedents registered against the present applicant bearing Istagaha No.61/238 for offence under Sections 151, 107, 116 of Cr.P.C. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 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 only one criminal antecedents registered against the present applicant bearing Istagaha No.61/238 for offence under Sections 151, 107, 116 of Cr.P.C, charge-sheet has been filed against 3 the applicant, the applicant is in jail since 13.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Manoj Dhritlahre, involved in Crime No.407/2025, registered at Police Station – Dharsivan, District – Raipur (C.G.) for the offence punishable under Sections 121(1), 132, 221 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali