1 2026:CGHC:9060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 447 of 2026 • Dhanraj Soni @ Vasu S/o Late Rajesh Soni Aged About 25 Years R/o Awadhiyapara, P.S. Purani Basti, Raipur District Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through - P.S. Moudhapara, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bharat Lal Dembra, Advocate For Respondent/State : Mr. Priynak Rathi, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2026 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. 269/2025, registered at Police Station – Moudhapara, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complainant namely Vikas Awadhiya lodged a report alleging that on 15.12.2025 while he was at home, his wife told that Dheeraj has called her and stated that their son namely Prakhar Awadhiya has been beaten by the applicant and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.20 18:48:04 +0530 2 two other co-accused and he admitted to the hospital and immediately thereafter they went there and their son narrated the incident and stated that the applicant and two other co-accused have abused him and beaten with screw driver and iron stick. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that applicant along with two other co-accused persons assaulted the injured, as a result he received injuries, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 16.12.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicant, I am inclined to allow this application. 7. Let applicant, Dhanraj Soni @ Vasu, involved in Crime No. 3 269/2025, registered at Police Station – Moudhapara, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(2), 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 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali