1 CGHC010342532026 2026:CGHC:41445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8504 of 2026 1 - Rani Dhivar Son Of Santram Dhivar, Aged About 32 Years Resident Of Village Baktara, P. S. Mandir Hasaud, District Raipur C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud, District Raipur (C.G.) --- Non-applicant For Applicant : Mr. B.L. Sahu, Advocate For Non-applicant : Mr. Dharmesh Shrivastava, Dy. AG Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 23.09.2026 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 applicant who has been arrested in connection with Crime No. 353/2026 registered at Police Station - Mandir Hasaud District Raipur (C.G.) for the offence under Sections 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2) The case of the prosecution, in brief, is that on 21.07.2026, at about 7:30 PM, over an old domestic dispute, the present applicant and co- 2 accused Santram Dhiwar allegedly abused and assaulted Mantram Dhiwar with wooden sticks. It is specifically alleged that the present applicant struck Mantram on his head, causing a bleeding injury, while co-accused Santram Dhiwar continued to assault him. On the basis of the complaint lodged by Draupadi Dhiwar, the offences as stated above were registered against the present applicant. 3) Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the case. He would contend that although the applicant is alleged to have caused injury to the injured by means of an axe, the MLC report does not opine the injury to be grievous in nature, nor has any subsequent medical opinion been obtained to establish the same. He would further submit that the co-accused, namely Santram Dhiwar, has already been granted bail by the Coordinate Bench in MCRC No.7929 of 2026 vide order dated 25.08.2026 and the applicant is in jail since 22.07.2026. He would, therefore, pray for grant of regular bail. 4) On the other hand, learned State counsel would oppose the bail application and would submit that the allegation against the applicant is serious in nature. However, learned State counsel could not dispute that the MLC report does not specifically opine the injury to be grievous in nature and that no query report regarding the nature of the injury has been placed on record. 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, the nature of the alleged injury, the fact that the MLC report does not disclose the injury to be grievous in nature, no query report has been 3 obtained in this regard, the co-accused, namely Santram Dhiwar, has already been granted bail by the Coordinate Bench in MCRC No.7929 of 2026 vide order dated 25.08.2026 and the applicant is in jail since 22.07.2026, without commenting on the merits of the case, I am inclined to grant bail to the present applicant. Accordingly, the bail application is allowed. 7) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he/she shall be released on bail on the following conditions:- (i) he/she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court; (ii) he/she shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he/she shall appear before the trial Court on each and every date given to him/her by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha