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2026 DAILYLAW 26005 (CHH)

ANIL DHRUV @ ANNA v. STATE OF CHHATTISGARH

MCRC/6146/2026 · 2026-07-09

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Judgment text

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1 CGHC010254752026 2026:CGHC:28889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6146 of 2026 • Anil Dhruv @ Anna S/o Raju Dhruv Aged About 24 Years R/o Devridih Near Sonu Pan Thela, P.S. Torva, District Bilaspur C.G. ... Applicant versus • State Of Chhattisgarh Through The Police Station Torva, District Bilaspur C.G. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Karan Kumar Baharani, Advocate. For State/Non-applicant : Ms. Monika Singh Thakur, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the Second bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.129/2026 registered at Police Station Torva, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 119(1), 119(2), 3(5) and 109(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The first bail application of the applicant was rejected by this Court on merits vide order dated 14.05.2026 in MCRC No.4536/2026. 3. As per the prosecution story, on 05.03.2026 at about 09:30 PM, the complainant was returning home on a motorcycle along with his DEEPTI JHA Digitally signed by DEEPTI JHA 2 nephews. When they reached near Dhan Mandi, Narwa Mohalla, the applicant and the co-accused, namely Sumit Singh @ Vikky, allegedly intercepted them and demanded money for the consumption of liquor. Upon their refusal, it is alleged that a verbal altercation ensued, following which the applicant assaulted the complainant, while the applicant assaulted the complainant’s nephew with a wooden stick (Munga stick). It is further alleged that, during the incident, the complainant’s silver chain was lost. On the basis of the report lodged by the complainant, the present crime has been registered against the applicant. 4. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that the alleged incident arose out of a sudden quarrel and verbal altercation, and there was no premeditated intention on the part of the applicant to commit the alleged offence. It is further submitted that the injuries sustained by the injured are simple in nature. It is further submitted that there are 6 criminal antecedents registered against the present appliant. It is further submitted that co-accused namely Sumit Singh @ Vikky has already granted bail by this Court vide order dated 19.06.2026 in MCRC No.5383/2026. He submits that the charge sheet has already been filed and the applicant is in jail since 06.03.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has already been submitted before the competent Court in this case. He submits 3 that the present applicant assaulted the injured with a wooden stick, causing grievous injuries. So far as the present applicant is concerned, the allegation against him is that he allegedly assaulted the injured with hands and fists. He further submits that there are 6 criminal antecedents registered against the present applicant, therefore, the present applicant is not entitled to the grant of regular bail in this case. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and from perusal of the case diary, it transpires that the injuries sustained by the injured are simple injuries. Furthermore, the fact that co-accused namely Sumit Singh @ Vikky has already granted bail by this Court vide order dated 19.06.2026 in MCRC No.5383/2026, the charge sheet has already been submitted before the competent Court and he is in jail since 06.03.2026, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 8. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Anil Dhruv @ Anna, involved in Crime No.129/2026 registered at Police Station Torva, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 119(1), 119(2), 3(5) and 109(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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/she shall not seek any 4 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, 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/her in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Deepti Jha