Shailendra Dhruw vs State Of Chhattisgarh

Ramesh Sinha, CJ

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. 316/2025 registered at Police Station Chakarbhatha, District - Bilaspur (C.G.) for the offence punishable under Sections 309(6) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

Case of the prosecution, in brief, is that on the date of the incident near Achankpur, while the complainant Balram Mandavi was traveling on his motorcycle near the Electricity Office, a car stopped in front of him, and four persons alighted. The applicant, along with co-accused Anurag Goswami, allegedly assaulted the complainant and his brother, threatened them with a blade, and forcibly snatched the motorcycle, which led to the registration of the alleged offence against the applicant and subsequently, he was arrested. Hence, the bail application.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the place of occurrence is stated to be near the Electricity Office, a public area where several people are ordinarily present, however, no independent public witness has been cited or examined to corroborate the prosecution’s version of events. The applicant is in jail since 09.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant, along with a co-accused, allegedly assaulted the complainant and his brother near Achankpur, threatened them with a blade, and forcibly snatched their motorcycle, further applicant has one criminal antecedent, therefore, he is not entitled for grant of bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 09.08.2025, the fact that though the applicant along with a co-accused, allegedly assaulted the complainant and his brother near Achankpur, threatened them with a blade, and forcibly snatched their motorcycle, but considering the fact that the applicant has only criminal antecedent against him and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case.

Accordingly, the application is allowed.

Let the Applicant-Shailendra Dhruw, involved in Crime No. 316/2025 registered at Police Station Chakarbhatha, District - Bilaspur (C.G.) for the offence punishable under Sections 309(6) of Bharatiya Nyaya Sanhita, 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.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.