1 CGHC010255242026 2026:CGHC:27970 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5999 of 2026 1 - Manish Dhiwar S/o Om Prakash Dhiwar Aged About 21 Years R/o Ward No. 12, Gram Tulsi P/s Newra, District- Raipur (C.G.) 2 - Praveen Verma S/o Vinay Verma Aged About 19 Years R/o Ward No. 12, Gram Tulsi P/s Newra, District- Raipur (C.G.) 3 - Priyanshu Dhiwar S/o Devram Dhiwar Aged About 22 Years R/o Ward No. 10, Gram Tulsi P/s Newra, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Tilda Newra, District- Raipur (C.G.) ... Non-Applicant(s) For Applicants : Mr. Awadh Tripathi, Advocate For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 99/2026 registered at Police Station- Tilda Newra, District- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Raipur (C.G.), for the offence punishable under Sections 109(1), 296, 115(2) 351(3) and 3(5) of BNS. 2. Case of the prosecution in brief is that the complainant, Baldau Yadu, lodged a report at Police Station Tilda Nevra stating that on 04.03.2026, at about 5:00 P.M., while he, Ravi Yadav and other residents of the locality were celebrating the Holi festival by singing Faag songs near the Shani Temple situated in front of the Electricity Office at Village Tulsi Nevra, the co-accused Laden @ Anil Verma, along with applicants/accused Manish Dhivar, Priyanshu Dhivar and Praveen Verma, reached there, abused them in filthy language and, upon being objected to, threatened them with dire consequences before leaving the spot. It is further alleged that at about 7:40 P.M., when the complainant and Ravi Yadav were standing near the same place, all the accused persons again arrived, abused them and assaulted them with hands and fists. During the assault, the co-accused Laden @ Anil Verma allegedly attacked Ravi Yadav with a sharp-edged knife with the intention to cause his death, inflicting a grievous injury on the right side of his chest. The injured was immediately taken to the Government Hospital, Tilda, and thereafter referred to Om Hospital, Bahesar, and subsequently to Mekahara Hospital, Raipur for further treatment. On the basis of the said report, Crime No. 99/2026 was registered for the offences punishable under Sections 109(1), 296, 115(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, and during the course of investigation, offences under Sections 25 and 27 of the Arms Act were also added. The accused persons were arrested 3 on 05.03.2026 and after completion of the investigation, charge- sheet has been filed before the competent Court. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. It is contended that, admittedly, as per the prosecution case itself, the present applicants are alleged to have assaulted the injured only with hands and fists, whereas the allegation of causing a knife injury on the right side of the chest of the injured is specifically attributed to the co- accused, Anil Verma @ Laden, on account of which the injured sustained injuries. It is, therefore, submitted that the case of the present applicants is clearly distinguishable from that of the said co- accused. Learned counsel further submits that the incident occurred all of a sudden during the Holi festival and although the injured sustained a stab injury, the same was not deep enough to damage the lung. It is further submitted that the investigation has been completed and the charge-sheet has already been filed, no further custodial interrogation of the applicants is required, the applicants have no criminal antecedents, they are in judicial custody since 05.03.2026, and the conclusion of the trial is likely to take considerable time therefore, it is prayed that the applicants be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the present case pertains to a serious incident in which the accused persons, acting in furtherance of their common intention, assaulted the complainant party during the Holi festival. It is submitted that, although the knife blow was inflicted by co-accused Anil Verma @ Laden, the present applicants actively 4 participated in the assault by repeatedly attacking the injured with hands and fists, thereby facilitating the commission of the offence. As a result of the assault, the injured sustained a grievous stab injury on the right side of his chest and had to be referred to Mekahara Hospital, Raipur, for specialized treatment. Considering the nature and gravity of the offence, the active participation of the applicants in the incident and the material collected during the course of investigation, it is submitted that no case for grant of bail is made out and the present application deserves to be rejected. 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 the offence, the fact that, admittedly, as per the prosecution case itself, the present applicants are alleged to have assaulted the injured only with hands and fists, whereas the specific allegation of inflicting a knife blow on the right side of the chest of the injured, as a result of which the injured sustained a grievous injury and had to be referred to Mekahara Hospital, Raipur for further treatment, is attributed exclusively to the co-accused, Anil Verma @ Laden, thus the case of the present applicants is clearly distinguishable from that of the said co-accused, the investigation has been completed and the charge-sheet has already been filed, the applicants have no criminal antecedents, they are in judicial custody since 05.03.2026 and no further custodial interrogation is required and the conclusion of the trial is likely to take some time, 5 therefore, without commenting anything on the merits of the case, this Court is inclined to allow the present bail application. 7. Let the applicants – Manish Dhiwar, Praveen Verma and Priyanshu Dhiwar, involved in Crime No. 99/2026 registered at Police Station- Tilda Newra, District- Raipur (C.G.), for the offence punishable under Sections 109(1), 296, 115(2) 351(3) and 3(5) of BNS, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in 6 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them 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. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal