1 2025:CGHC:13066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2186 of 2025 Bhanu Tandan S/o Nemichand Tandan Aged About 19 Years R/o Behind Mahasati Mandir, Mahasati Ward Bhatapara, District : Balodabazar- Bhathapara, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Punit Ruparel, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.301/2021, registered at Police Station City Kotwali, District Raipur (C.G.) for the offences punishable under Sections 379, 34 of the IPC. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.19 18:43:37 +0530 2 2. The case of the prosecution, in brief, is that, Siddhant complainant Siddhar Toppo made complaint to City Kotwali, Raipur that on 22/11/2021 10:45 am, he parked his Honda Splendor Pro- Motorcycle bearing registration No. C.G.-4-DZ-8353 at Nagar Nigam OfÏce, Raipur ground floor, while he returned from his duty at 08:00 PM, he found that his vehicle is not there somebody stolen the motorcycle, he orally made complaint to the concerned police station upon which the crime No. 301/2021 is registered against the unknown persons, during the course of investigation the police received information that Bhatapara (Gramin) Police Station recovered the said motorcycle in Crime No. 210/2024, in which the applicants are re-selling the motorcycle on the basis of forged RC Card, hence the applicants are dragged into the present crime, after due investigation charge sheet has been filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is working as an agent of re-selling of second hand motorcycle and there is no theft committed by the applicant and even not involved in the said crime, further there is no recovery been made from the applicant, he is arrayed as a accused in the instant crime only on the basis of recovery made in some other crime. Further, though there are total 8 cases against the applicant, but out the said cases, in 7 cases he is acquitted by the learned trial court. Lastly, co-accused, namely, Abdul Kadir, Aman Khan and Shabdar Ali have already been granted bail by this Court in MCRC No.994/2025, MCRC No. 1482/2025 vide order dated 06.03.2025, copy of which is annexed 3 in this bail application and the case of the present applicant is identical to that of the co-accused persons. He is languishing in jail since 12.08.2024, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, 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 counsel for the State opposes the bail application of the applicant but could not dispute that the fact that co-accused persons have already been granted by this Court and the case of the present applicant is identical to that of the co- accused. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Abdul Kadir, Aman Khan and Shabdar Ali have already been granted bail by this Court in MCRC No.994/2025, MCRC No. 1482/2025 vide order dated 06.03.2025 respectively and the case of the present applicant is identical to that of the co-accused person, the applicant has already been acquitted in the pervious criminal antecedents registered against him, charge- sheet has already been filed and he is languishing in jail since 12.08.2024 and conclusion of the trial is likely to take some 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. 6. 6. Let applicant, Bhanu Tandan, involved in Crime No.301/2021, registered at Police Station City Kotwali, District Raipur (C.G.) for the offences punishable under Sections 379, 34 of the IPC, be 4 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 sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 5 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. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet