1 2025:CGHC:17490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2912 of 2025 Sahid Khan S/o Aabid Khan Aged About 19 Years Caste - Muslim, R/o Madan, Police Station - Pali, District - Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Pali, District - Korba Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Amit Singh Chauhan, Advocate For Respondent(s) : Mr. Hariom Rai, 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.357/2024, registered at Police Station Pali, District - Korba MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.04.21 16:50:17 +0530 2 (C.G.) for the offences punishable under Sections 331(4), 305, 3(5) of the BNS. 3. The case of the prosecution, in brief, is that, on 29.12.2024, the complainant Manbhawan Singh lodged report at Police Station, Pali, alleging therein that he is an elected Up-Sarpanch of Gram Panchayat, Algidand. On 29.12.2024, one Rajkumar informed that three persons namely Govinda, Shahid Khan and Sanjay Patel have stolen the rice belonging Fair Price Shop (PDS). On the basis of said information, the complainant reached the spot and found that the accused persons have stolen 6 bags rice belonging to PDS. On the basis of said report, the offences under Sections 331 (4), 305, 3(5) of B.N.S. have been registered and the applicant & other co-accused have been arrested. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant has not stolen the rice belonging to PDS and only on the basis of suspicion, he has been implicated in this case. Further, co-accused, namely, Kapil Patel has already been granted bail by this Court in MCRC No.2822 of 2025 vide order dated 09.04.2025 and the case of the present applicant is identical to that of the co-accused. 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 29.12.2024, 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 3 released on regular bail on the ground of parity. 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 has 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, Kapil Patel has already been granted bail by this Court in MCRC No.2822 of 2025 vide order dated 09.04.2025 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 29.12.2024 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, Sahid Khan, involved in Crime No.357/2024, registered at Police Station Pali, District - Korba (C.G.) for the offences punishable under Sections 331(4), 305, 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:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the 4 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 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in 5 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