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2026 DAILYLAW 11301 (CHH)

RAHUL DHRUV v. STATE OF CHHATTISGARH

MCRC/2937/2026 · 2026-03-31

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1 2026:CGHC:15083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2937 of 2026 • Rahul Dhruv S/o Bhagwan Singh Dhruv Aged About 19 Years R/o Ward No. 17, Mahasamund, District Mahasamund (Chhattisgarh) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Office, Police Of Police Station Palari, District Blalodabazar (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Yogesh Chandra, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.472/2025 registered at Police Station Palari, District – Baloda-Bazar Bhatapara, (C.G.) for the offence punishable under Sections 309(2), 109(1) and 111 read with Section 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 16- 11-2025, the complainant made written compliant and stating therein that on 13- 11-2025, he was going from Palari to Khartora with his friend namely VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.02 19:17:08 +0530 2 Bisambhar and at about 3.30 to 3.45 PM, when they reached between Village Ghotiya and Village Kusmi, six persons came in two motorcycles and assaulted the complainant from the knife and snatched his mobile and ran away from the spot. On the basis of said complaint, the police registered the crime and during the investigation, the present applicant and other accused persons have been arrested. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 18.11.2025. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that co-accused has already been granted regular bail by this Court in M.Cr.C. No. 2610 of 2026, vide order dated 19.03.2026 and as such, on the ground of parity, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. He also contended that charge-sheet has been filed before the competent Court and applicant has no previous criminal antecedent. but could not dispute the fact that co-accused has already been granted bail by this Court in M.Cr.C. No. 2610 of 2026, vide order dated 19.03.2026. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, applicant has no criminal antecedent and applicant is in jail since 18.11.2025, the fact that the conclusion of the trial may take some time and further that co-accused has 3 already been granted bail by this Court in M.Cr.C. No. 2610 of 2026, vide order dated 19.03.2026, this Court is of the view that the applicant is entitled to be released on bail on the ground of parity. 7. Let the Applicant- Rahul Dhruv, involved in Crime No.472/2025 registered at Police Station Palari, District – Baloda-Bazar Bhatapara, (C.G.) for the offence punishable under Sections 309(2), 109(1) and 111 read with Section 3(5) of BNS, be released on bail on their 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 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. 4 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali