1 2025:CGHC:15304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2532 of 2025 Aman Chelak S/o Jeevan Das Chelak Aged About 20 Years R/o Village - Hanoda, Ward No. 06, Police Station Padmanabhpur, District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Padmanabhpur, District- Durg (C.G.) ... Respondent For Applicant : Shri G.V.K. Rao, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/04/2025 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.187/2023 registered at Police Station Padmanabhpur, District Durg (CG) for the offence punishable under Sections 294, 323, 325, 506, 307, 34 of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.02 10:56:35 +0530 2 2. Case of the prosecution, in brief, is that on 26-06-2023 at 14.30 hrs., one Smt. Ashwin Jangde who is the mother of victim lodged a report at Police Station Padmanabhpur stating therein that on 22- 06-2023 at about 9.30 PM, her son Ashok Kumar Jangde went out to drop one of his friend named Khileshwar Chelak, but as the victim did not come back his mother called him on phone, which was not received. On 23-06-2023 at about 5.30 AM, a person named Pannu Kurre informed her that her son is lying beside the road near Ashok Galaxy Heights, Borsi. Then she went to the house of Khileshwar Chelak and enquired about her son's whereabouts, who in turn could not give specific answer, then she along with her daughter named Sheela Jangde went to spot where her son was lying and saw that he was being taken by patrolling jeep to Sector-9 Hospital, Bhilai. On 23-06-2023, when that victim became conscious he recited about the incident that on 22-06-2023 at about 11.30 PM, Ram Prasad Mahilang, Manoj Mahilang, Khileshwar Chelak and Aman Chelak assaulted him inflicting injuries. Depending on the report, the police has registered the crime punishable under Section 294, 506, 323, 34 of Indian Penal Code initially which was later converted to the offences under Section 294, 323, 325, 506, 307, 34 of Indian Penal Code. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely been implicated in offence in question. He would further submit that the applicant is in jail since 14/01/2025, charge-sheet has been filed, co-accused Manoj Mahilange has been granted bail by this Court in 3 MCRC No.2309/2025 vide order dated 24/03/2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, period of detention of the applicant i.e. since 14/01/2025 and co-accused Manoj Mahilange has been granted bail by this Court in MCRC No.2309/2025 vide order dated 24/03/2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant -Aman Chelak, involved in Crime No.187/2023 registered at Police Station Padmanabhpur, District Durg (C.G.) for the offence punishable under Sections 294, 323, 325, 506, 307, 34 of Indian Penal Code, 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 4 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 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- - (Ramesh Sinha) CHIEF JUSTICE gouri