1 2026:CGHC:15142 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6 of 2026 Dheeraj Kumar @ Bittu Lader S/o Shri Baldau Lader, Aged About 25 Years R/o 48/508 Mahantpara, Purani Basti, Brahmanpara Ward, Raipur, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through P.S. Aazad Chowk, District Raipur C.G. ... Respondent For Applicant : Shri Ajay Kumrani, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. 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.314/2025 registered at Police Station Aazad Chowk, District- Raipur (C.G.) for the offence punishable under Sections 296, 118(2), 119(1), 351(2), 115(2), 3(5) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.02 17:36:18 +0530 2 2. Case of the prosecution, in brief, is that on 22.10.2025 at about 8:30 PM near Shiv Mandir, Mahantpara, Police Station Azad Chowk, Raipur, the complainant Rajendra Kumar Kaliyari, while out for a walk after dinner, was accosted by co-accused Akash @ Bunty Lader, who, being under the influence of alcohol, demanded money for liquor and, upon refusal, abused and assaulted him. It is alleged that the present applicant Dheeraj Kumar arrived at the spot carrying a wooden stick, abused the complainant, threatened him with death, and assaulted him on the head and face, causing bleeding injuries, after which the complainant was pushed into a drain. When the complainant's brother Lalit Kaliyari intervened, he was also assaulted thereafter a Crime No. 314/2025 for offences U/s 296, 119(1), 351(2), 115(2), 3(5) BNS, 2023 was registered and Section 118(2) of the Bharatiya Nyaya Sanhita, 2023 was subsequently added. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the alleged incident occurred due to a sudden and unpremeditated quarrel, without any prior intention or planning to cause death or grievous injury. It is further submitted that the injured was discharged from the hospital within a short period in stable condition, and no permanent or life-threatening injury has been caused. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 24/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case 3 before the competent court. 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, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, period of detention of the applicant since 24/11/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Dheeraj Kumar @ Bittu Lader, involved in Crime No.314/2025 registered at Police Station Aazad Chowk, District- Raipur (C.G.) for the offence punishable under Sections 296, 118(2), 119(1), 351(2), 115(2), 3(5) of BNS, 2023, 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri