1 2025:CGHC:10916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 911 of 2025 Vijay Dhimar S/o Raju Dhimar Aged About 19 Years R/o Ramkund, Near Satbahaniya Mandir, Police Station - Azad Chowk, District - Raipur, C.G. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Azad Chowk, District - Raipur (C.G.). ... Non-applicant For Applicant : Mr. Ghanshyam Kashyap, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05.03.2025 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. 71/2024 registered at Police Station : Azad Chowk, District Raipur (C.G.) for the offence punishable under Sections 294, 323, 506(B), 324, 326, 34 of the Indian Penal Code (IPC). 2. The prosecution's story, in brief, is that complainant Geeta Dhimar filed a report at Police Station Azad Chowk, Raipur, alleging that on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.06 16:46:59 +0530 2 March 10, 2024, at around 9:00 PM, the accused, Vijay, Ajay, and their father, Raju Dhimar, abused and assaulted her brother, Rakesh Dhruw, near Satbahaniya Mandir using their hands, fists, and sharp objects. Geeta and her husband, Rajkumar, intervened to rescue Rakesh, and in the process, Rajkumar also assaulted the accused. Based on this report, the alleged offenses were registered against the applicant and other co-accused individuals. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the main allegation is against the accused namely, Ajay Dhimar who assaulted the injured by knife. He also submits that the present applicant has no criminal antecedents and he is in jail since 20.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the main allegation is against the co-accused namely, Ajay Dhimar who assaulted the injured by knife, case of the applicant is distinguished from the co- 3 accused, namely, Ajay Dhimar, moreover, the applicant has no criminal antecedents. Also considering the fact that the charge- sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 20.12.2024, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Vijay Dhimar, involved in Crime No. 71/2024 registered at Police Station : Azad Chowk, District Raipur (C.G.) for the offence punishable under Sections 294, 323, 506(B), 324, 326, 34 of the Indian Penal Code (IPC), be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is 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 him in accordance with law. 8. OfÏce 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 Abhishek