1 2025:CGHC:17492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2866 of 2025 Narendra Singh Rajput S/o Rajaram Rajput Aged About 37 Years R/o Telibandha, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Amanaka, Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.04.2025 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 (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.432/2024, registered at Police Station Amanaka, Raipur, MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.04.21 16:50:17 +0530 2 District Raipur (C.G.) for the offences punishable under Sections 318(4), 338, 336(3), 340, 3(5) of the BNS. 3. The case of the prosecution, in brief, is that, the complainant has made written complaint to the concerned police station that the applicant is running as property dealing and on assurance of the applicant, the complainant has deposited amount of Rs. 5,00,000/- on account of Manju Devi Agrawal for execution of registered sale deed to the another land, but the registered sale deed has not been executed. Based upon the written complaint, the police has registered the offence under section 318 (4), 338, 336(3), 340, 3(5) of B.N.S. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Further, co-accused, namely, Rakesh Kansari, Arun Saroj and Amit Sharma have already been granted bail by this Court in MCRC No.2454 of 2025, MCRC No. 2657 of 2025 and MCRC No. 2547 of 2025 vide order dated 27.03.2025, 04.04.2025 and 01.04.2025, copy of which is annexed in this bail application and the case of the present applicant is identical to that of the co-accused persons. So far as criminal antecedents of the applicant is concerned, applicant has not previous criminal antecedents registered against him. He is languishing in jail since 10.12.2024, 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. 3 5. 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. Further, the applicant has no previous criminal antecedents registered against him. 6. 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, Rakesh Kansari, Arun Saroj and Amit Sharma have already been granted bail by this Court in MCRC No.2454 of 2025, MCRC No. 2657 of 2025 and MCRC No. 2547 of 2025 vide order dated 27.03.2025, 04.04.2025 and 01.04.2025 respectively and the case of the present applicant is identical to that of the co-accused person, the applicant has no previous criminal antecedents registered against him, charge-sheet has already been filed and he is languishing in jail since 10.12.2024 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. 7. 7. Let applicant, Narendra Singh Rajput, involved in Crime No.432/2024, registered at Police Station Amanaka, Raipur, District Raipur (C.G.) for the offences punishable under Sections 318(4), 338, 336(3), 340, 3(5) of the BNS, 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:- 4 (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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet