1 2026:CGHC:13767 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1361 of 2026 • Dhiraj Nirmalkar S/o Rajesh Nirmalkar Aged About 26 Years R/o House No. 201, Near Rahul Grocery Store, Rajiv Nagar, Durg, District Durg, Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Sho, Police Station City Kotwali, District Durg (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shikhar Bakhtiyar, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.03.2026 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. 516/2025, registered at Police Station – City Kotwali, District – Durg (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.24 17:17:56 +0530 2 2. The case of the prosecution, is that on 24.10.2025 the complainant Neeraj Sahu lodged a report at Police Station City Kotwali, Durg stating that he runs a daily- needs shop near Keju Rice Mill, Shitala Mandir, Durg. On the intervening night of 24.10.2025 at about 01:00 AM, he was standing near Baldau Pan Thela in his locality along with his friends Lokesh Yadav and Sagar Sahu. At that time, Nohar Yadav, Saurabh Sinha, Aman and their associates arrived in a Maruti Suzuki WagonR car, and allegedly started abusing him with filthy language without any provocation. When the complainant objected, they allegedly threatened to kill him and assaulted him with fists, kicks, and Nohar Yadav and Aman Yadav assaulted them with a sharp knife causing serious injuries on his back, chest, and abdomen, and Sagar Sahu sustained a knife injury on his left thigh. On the basis of the said report, Crime No. 516/2025 was registered at P.S. City Kotwali, Durg against co-accused persons for offences under the Sections 296, 115(2), 351(3), 109, 3(5) of the Bharatiya Nyaya Sanhita, and chargesheet is filed. The copy of FIR is annexed herewith as ANNEXURE A/2. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that the name of the present applicant is not mentioned in the FIR, and nothing has been seized from him. There is no specific allegation levelled against the present applicant. It is further submitted that only a general allegation has been made against him that he assaulted the injured with 3 his hands and fists. However, the injured sustained serious injuries on his back, chest, and abdomen, which were inflicted by a sharp-edged weapon (knife) allegedly used by co-accused persons, namely Nohar Yadav and Aman Yadav. He further submits that applicant is in jail since 25.10.2025 and trial may take some time for conclusion, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that applicant has two criminal antecedents and both are mentioned in the covering memo filed by the learned counsel for the applicant, it appears that applicant is a habitual offender. She could not disputed the fact injured sustained serious injuries on his back, chest, and abdomen, which were inflicted by a sharp-edged weapon (knife) allegedly used by co-accused persons, namely Nohar Yadav and Aman Yadav, not by the present applicant. She further submits that case of the present applicant is distinguished from the other co-accused person. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submissions made by learned counsel for the parties and also considering the fact injured sustained serious injuries on his back, chest, and abdomen, which were inflicted by a sharp-edged weapon 4 (knife) allegedly used by co-accused persons, namely Nohar Yadav and Aman Yadav and applicant’s name not mentioned in the FIR, Further general allegation levelled against the present applicant i.e., he assaulted the injured by hand and fist, applicant is in jail since 25.10.2025, considering the detention period of the applicant, hence this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Let applicant, Dhiraj Nirmalkar involved in 516/2025, registered at Police Station – City Kotwali, District – Durg (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109, 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 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali