1 2025:CGHC:18140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3030 of 2025 Khileshwar Kumar Chelak S/o Indarman Das Chelak Aged About 25 Years R/o Ward No. 06, Hanoda, Tahsil and District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Office, Police of Police Station Padmanabhpur, District Durg, Chhattisgarh. ... Non-Applicant For Applicant :Mr. Rudranath Mukherjee, Advocate. For Non-applicant/State :Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with 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. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 18:10:48 +0530 2 3. The case of the prosecution, is that, on 26.06.2023 at 14.30 hrs; one Smt. Ashwin Jangde who is the mother of the victim lodged a report at Police Station Padmandabhpur 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 i.e. present applicant, 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 whereabout, 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 become conscious he recited about the incident that on 22.06.2023 at about 11.30 pm, the accused persons have assaulted him inflicting injuries. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no eye-witness in this case and no seizure made against the present applicant. He also submits that co-accused persons, namely, Manoj Mahilange has already been granted bail by the Court in MCRC No. 2309/2025 vide order dated 24.03.2025. It is further submitted that the applicant has no previous criminal antecedents. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 5. On the other hand, the learned State counsel opposes the bail 3 application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. 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 persons, namely, Manoj Mahilange has already been granted bail by the Court in MCRC No. 2309/2025 vide order dated 24.03.2025, further the applicant has no previous criminal antecedents, the charge-sheet has been filed against the applicant, the applicant is in jail since 16.01.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 8. Accordingly, the bail application is allowed. 8. Accordingly, the bail application is allowed. Let the applicant - Khileshwar Kumar 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 law. 4 (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. 9. 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 Preeti