1 2026:CGHC:19683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2710 of 2026 Ashish Kumar Dhruv @ Rinku S/o Ganesh Dhruv Aged About 22 Years R/o Gadhsivani, Police Station - Tumgaon, Tahsil And District- Mahasamund, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- Police Station - Tumgaon, Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Virendra Kashyap, Advocate For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.04.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 180/2025 registered at Police Station- Tumgaon, Mahasamund, District - Mahasamund, (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 119 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 02.09.2025, the complainant, Yatendra Sahu, resident of Village Bhoring, Police RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Station Tumgaon, District Mahasamund, lodged a report alleging that while he was returning from Mahasamund and walking near Tumgaon Chowk bypass, the present applicant, Ashish Kumar Dhruv @ Rinku, along with other co-accused persons, wrongfully restrained him. It is alleged that the accused persons, being under the influence of liquor, demanded money from the complainant and, upon his refusal, abused him in filthy language and threatened him with a sharp weapon. It is further alleged that the applicant and other co-accused persons assaulted the complainant and extended threats to damage and burn his bus when it would reach their village. On the basis of the said complaint, Crime No. 180/2025 was registered at Police Station Tumgaon for offences punishable under Sections 296, 115(2), 351(3), 119 and 3(5) of the BNS against the applicant and other co-accused persons. During the course of investigation, the applicant was arrested and produced before the learned Trial Court, from where he was remanded to judicial custody, and upon completion of investigation, the charge-sheet has been filed on 12.02.2026, hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has neither committed nor participated in the alleged offence. It is also contended that the allegations are false, exaggerated and motivated due to previous enmity, and the entire prosecution case is based merely on oral allegations, with no independent public witness supporting the same and no incriminating material having been recovered from the possession of the applicant. It is further 3 submitted that similarly situated co-accused persons, namely Deepak Dhruv and Khule Sahni, have already been granted bail by the learned trial Court. It is further submitted that the applicant is a 22-year-old auto-rickshaw driver and the sole breadwinner of his family, his family is facing severe financial hardship. He further submits that the applicant has two criminal antecedents out of which one case has already been compromised and only one case is pending, the charge-sheet has already been filed, the applicant is in jail since 17.12.2025, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the present bail application and submits that the charge-sheet has been submitted before the competent Court. He further submits that the applicant has prima facie committed the alleged offences by wrongfully restraining the complainant, demanding money, abusing him, and assaulting him while under the influence of liquor, along with extending serious threats to cause damage to his property. It is further submitted that the nature of allegations reflects the aggressive and unlawful conduct of the applicant, which creates a sense of fear and insecurity in the society. He also submits that the applicant has two previous criminal antecedents, which indicates his propensity to indulge in similar offences. Considering the gravity of the allegations, the manner in which the offence has been committed, and the criminal antecedents of the applicant, it is prayed that the applicant is not entitled for grant of bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the submissions made by learned counsel for the parties, though the applicant is alleged to have committed the offence of wrongful restraint, abuse, and assault upon the complainant, but it is pertinent to note that no external or internal injuries have been reported, which reduces the gravity of the alleged assault. Further, considering that the applicant has two criminal antecedents out of which one case has already been compromised and only one case is pending, he is in jail since 17.12.2025, the charge-sheet has been submitted before the competent Court , and the trial is likely to take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Ashish Kumar Dhruv @ Rinku, involved in Crime No. 180/2025 registered at Police Station- Tumgaon, Mahasamund, District - Mahasamund, (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 119 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 5 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. 8. 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 Rahul Dewangan