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Chattisgarh High Court
Ramnarayan Dhiwar vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by 2026:CGHC:12748
GOURI MUDALIAR
Date: 2026.03.18
11:01:38 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1685 of 2026
Ramnarayan Dhiwar Aged About 30 Years S/o Teejram Dhiwar R/o - Village -
Afreed, P.S. - Saragaon, District - Janjgir-Champa (C.G.)
...Applicant
versus
State Of Chhattisgarh Through P.S. Sakti District - Sakti (C.G.)
... Respondent
For Applicant : Shri Basant Dewangan, Advocate.
For : Shri Soumya Rai, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
17/03/2026
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.423/2025 registered at Police Station Sakti, District Sakti (C.G.) for
the offence punishable under Sections 308(2), 319(2), 331(4), 204,
205, 112, 351(2), 3(5) of B.N.S.
2. Case of the prosecution, in brief, is that complainant namely Ganpatlal
Lahre lodged first information report (F.I.R.)on 24/11/2025 alleging that
on 22/11/2025 at about 23:30 hours some unknown persons came at
the house of her sister Amrika Bai, concealing themselves as excise
officials, and entered the house of Amrika Bai. The said persons
threatened the sister of the complainant that they will arrest her on
account of selling illicit country made liquor and if she doesn't want to
go to jail then she has to pay sum of Rs. 30,000/-. The complainant
gave sum of Rs. 30,000/- in the meanwhile some of the villagers came
to the house of Amrika Bai, seeing them those persons including the
present applicant tried to flee from the spot but got caught and
therefore the aforesaid offences were registered against the co-
accused persons including the present applicant.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. He would submit
that the prosecution has failed to recover any alleged cash from the
applicant, and the seizure of a mobile phone and motorbike neither
belonging to him does not connect him with the alleged offence. It is
further submitted that the applicant was not apprehended from the
scene of crime but was picked up from a different location due to the
inability of the police to trace the main accused persons and the
implication of the applicant is solely based on his memorandum
statement. He would submit that the charge sheet has been filed in
this case, the applicant is in jail since 24/11/2025 and conclusion of trial
will take some time, therefore, he prays for grant of bail to the
applicant.
4. On the other hand, learned State Counsel opposes the bail application
and he would submit that charge sheet has been filed in this case
before the competent court. He would submit that the applicant has
three criminal antecedents, out of which two cases are disposed of and
one case is pending.
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,
nature of allegation levelled against the applicant, period of detention
of the applicant since 24/11/2025, applicant has three criminal
antecedents, out of which two cases are disposed of and one case is
pending, charge sheet has been filed and also considering the fact that
trial is likely to take some time for its conclusion, therefore this Court is
of the view that the applicant is entitled to be released on bail in this
case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Ramnarayan Dhiwar involved in Crime No.423/2025
registered at Police Station Sakti, District Sakti (C.G.) for the offence
punishable under Sections 308(2), 319(2), 331(4), 204, 205, 112,
351(2), 3(5) of B.N.S., 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.
8. Office is directed to send a certified copy of this order to the trial Court
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
