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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
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.
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,
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
