1 2026:CGHC:11443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2246 of 2026 Santanu Dhivar Aged About 20 Years S/o Premlal Dhivar R/o Subhash Chowk Achholi, P.S. Urla, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, P.S. Urla, Raipur District Raipur (CG) ... Respondent For Applicant : None. For Respondent/State : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/03/2026 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 14/10/2025 Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel on the basis of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.11 17:16:51 +0530 2 the prayer and the pleadings made in the bail application. 3. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.397/2025, registered at Police Station Urla, Raipur, District Raipur (C.G.) for the offences punishable under Sections 296, 351(2), 115(2) of B.N.S. and section 25, 27 of Arms Act. 4. The case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging that at the time of incident, there was simple dispute in between both parties and thereafter, the applicant have committed marpeet with injured person. Based upon such complaint, the police station has registered the offence under section 296, 351(2), 115(2) of B.N.S. and section 25, 27 of Arms Act against the applicant. 5. Learned counsel for the State opposes the bail application but admits that the charge-sheet has been filed against the applicant before the competent court. He would submit that the applicant has three criminal antecedents which are pending. 6. I have perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, charge- sheet has already been filed and applicant is in jail since 14/10/2025 and conclusion of the trial is likely to take some time, therefore I am inclined to grant bail to the applicant. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Santanu Dhivar, involved in Crime No.397/2025, registered 3 at Police Station Urla, Raipur, District Raipur (C.G.) for the offences punishable under Sections 296, 351(2), 115(2) of B.N.S. and section 25, 27 of Arms Act, 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 statement under Section 351 of BNSS. If in the opinion 4 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. 9. Registrar (Judicial) is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance as also for communicating the same to the applicant where he is confined. Sd/- (Ramesh Sinha) Chief Justice gouri