1 2025:CGHC:12570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2074 of 2025 Pradeep Gain @ Madan Gain S/o Late Shri Punyacharan Gain Aged About 43 Years R/o Village Subhash Nagar, Behind Holy Cross, Thana Gandhinagar, District Surguja Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through The Station House OfÏcer, Police Station Lundra, District Surguja Chhattisgarh. ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.03.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 202/2024 registered at Police Station Lundra, District Surguja (C.G.), for the offences punishable under Sections 318(4), 3(5), 61, 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story, in brief, is that Ashish Kujur, the complainant, lodged a written report on 25.08.2024, at ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.18 10:46:09 +0530 2 Raghunathpur police outpost. He stated that he works at the Topup petrol pump, where, on 12.08.2024, at approximately 10:45 PM, individuals arrived in a black Honda Amaze car. They purchased 20 liters of petrol, amounting to Rs. 2,033/- and also requested diesel in two jerrycans kept in the trunk. They bought 40 liters of diesel and made the payment online. However, when the complainant went to verify the payment, they fled. Based on this report, the police registered an offense and arrested co-accused Abhishek Mandal. During his interrogation, he revealed the applicant's name, leading to their arrest. After completing the investigation, a charge- sheet was filed. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the applicant has only 02 criminal cases pending against him. He also submits that other co-accused person, namely, Abhishek Mandal in MCRC No. 1750 of 2025 vide order dated 04.03.2025 has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been submitted in the present case. She submits that looking to the criminal antecedents of the applicant, the bail application of the present applicant is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that the other co-accused person, namely, Abhishek Mandal in MCRC No. 1750 of 2025 vide order dated 04.03.2025 has already been granted regular bail by this Court, further, the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 31.12.2024, conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Pradeep Gain @ Madan Gain, involved in Crime No. 202/2024 registered at Police Station Lundra, District Surguja (C.G.), for the offences punishable under Sections 318(4), 3(5), 61, 111 of the Bhartiya Nyaya Sanhita, 2023 be released on bail on his 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 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 sufÏcient cause, the trial court may proceed against him under 4 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 sufÏcient 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. OfÏce 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 Abhishek