Chattisgarh High Court
Poshan Lal Dhiwar vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12169
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2372 of 2026
1.Poshan Lal Dhiwar S/o Murlilal Dhiwar Aged About 22 Years Resident Of Raikheda, Bhatapara. Ward No. 20, P.S. Kharora, District Raipur (CG)
2. Manish Verma S/o Kumar Verma Aged About 21 Years R/o Village Palari Saraswati Chowk, P.S.-Palari, District Balodabazar, (CG)
3. Jitendra Bandhe S./o Ramprasad Bandhe Aged About 27 Years R/o Nawagaon, Ward No. 8 Satnamipara, P.S.-Kharora District Raipur (CG)
4. Raj Alias Raja Dhruv S/o Toran Dhruv Aged About 24 Years R/o Raikheda Gudiyaripara, P.S.- Kharora, District Raipur (CG) Digitally
5. Ajit Dhritlehre S/o Late Narottam Dhritlehre Aged About 25 Years R/o signed by Village Murra Ward No. 16, P.S. Kahrora, District Raipur (CG) PREETI PREETI KUMARI KUMARI Date:
2026.03.13 18:26:46 +0530 6. Ishwar Alias Bittu Tondon S/o Tekram Tondon Aged About 20 Years R/o Nawagaon, Ward No. 9 Satnamipara. P.S.- Kharora, District- Raipur (CG) ... Applicants versus State of Chhattisgarh Through The Police Station Kharora, District Raipur Chhattisgarh ... Non-applicant For Applicants : Mr. B.P. Sharma, Advocate.
For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.03.2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 48/2026 registered at Police Station - Kharora, District - Raipur (C.G.), for the offences 2 punishable under Sections 109(1), 190, 191(2), 191(3) and 296 of the Bhartiya Nyaya Sanhita, 2023.
2. As per the prosecution story, in brief, is that a scuffle took place between two parties in Village Madai (Mela) on account of Basant Panchmi on 23.01.2026, in which some persons sustained injuries. On the reports lodged by both sides, F.I.R. No. 48 of 2026 and F.I.R. No. 73 of 2026 have been registered at Police Station Kharora, Raipur (C.G.). On the complaint of the applicants herein, F.I.R. No. 73 of 2026 has been lodged at Police Station Kharora, Raipur (C.G.). Upon placing both the F.I.Rs in juxtaposition, it would be evident that both the parties acted as assailants as well as in defence. In such circumstances, in order to maintain peace, after lodging the F.I.Rs., a mutual settlement has been arrived at between the parties and an agreement in the nature of an 'Aapsi Razinama' has been executed. A copy of the mutual agreement between the parties is filed herewith as ANNEXURE A-3 (Colly.), and the same was placed on record before the Trial Court.
3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the aforesaid case. He further submits that a mutual settlement has been arrived at between the parties. It is also submitted that the criminal antecedents of the applicants have been explained in paragraph No. 4A of the bail application. Further, the charge-sheet has not yet been filed and the applicants are in judicial custody since 24.01.2026. Therefore, the present applicants are entitled to be released on regular bail.
4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been submitted in the present case.3
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicants, and the fact that the charge-sheet has not yet been filed in the present case, as also that a mutual settlement has been arrived at between the parties, and that the applicants are in jail since 24.01.2026, and further that the criminal antecedents of the applicants have been explained in paragraph No. 4A of the bail application, and considering that the conclusion of the trial may take some time, this Court is of the view that the present applicants are entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed. Let the Applicants No. 1, 2, 3, 4, 5 and 6 - Poshan Lal Dhiwar, Manish Verma, Jitendra Bandhe, Raj Alias Raja Dhruv, Ajit Dhritlehre and Ishwar Alias Bittu Tondon, involved in Crime No. 48/2026 registered at Police Station- Kharora, District - Raipur (C.G.), for the offences punishable under Sections 109(1), 190, 191(2), 191(3) and 296 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing 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, 4 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 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 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 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 them in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Preeti