1 2025:CGHC:18590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3153 of 2025 Prakash Yadav S/o Sukhdev Yadav Aged About 30 Years R/o Raja Talab, Near Arjun Chowk, Raipur PS Civil Lines, Raipur Distt Raipur (C.G.) (Correct Particulars) ... Applicant versus State Of Chhattisgarh Through P.S. Aamanaka, Raipur Distt. Raipur (C.G.) ... Respondent For Applicant : Shri Akash Kumar Kundu, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2025 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. 432/2024 registered at Police Station Aamanaka, Raipur (C.G.) for the offence punishable under Sections 318 (4), 338, 336 (3), 340 & 3 (5) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.25 11:34:23 +0530 2 2. Case of the prosecution, in brief, is that the complainant, Bhole was telephonically contacted by Raja Singh who offered for the sale of land in Raipur. Thereafter the co-accused Raja Singh & Anand Jangde showed the land to the complainant and later on arranged a meeting of the complainant with the owner of land Manju Devi who in fact was Chetna Thakur personating Manju Devi and took an amount of Rs. 1,00,000 (Ten Lakhs) from the complainant. It was further alleged that the present applicant was in hand in hand with the main accused in this conspiracy. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that co-accused Rakesh Kansari has been granted regular bail by this Court in MCRC No.2454/2025 on 27/03/2025, co-accused Amit Sharma has been granted regular bail by this Court in MCRC No.2547/2025 on 1/04/2025, co-accused Arun Saroj has been granted regular bail by this court in MCRC No.2657/20025 on 4/04/2025 and co-accused Udayshankar Mishra has been granted anticipatory bail by this Court in MCRCA No.470/2025 on 7/04/2025 and there is no criminal antecedent against the present applicant, he is in jail since 09/12/2024, 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 bail application and submits that there is no previous criminal antecedent against the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that co-accused Rakesh Kansari has been granted regular bail by this Court in MCRC No.2454/2025 on 27/03/2025, co-accused Amit Sharma has been granted regular bail by this Court in MCRC No.2547/2025 on 1/04/2025, co-accused Arun Saroj has been granted regular bail by this court in MCRC No.2657/20025 on 4/04/2025 and co-accused Udayshankar Mishra has been granted anticipatory bail by this Court in MCRCA No.470/2025 on 7/04/2025, there is no criminal antecedent against the present applicant, he is in jail since 09/12/2024 and trial is likely to some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Prakash Yadav, involved in Crime No. 432/2024 registered at Police Station Aamanaka, Raipur (C.G.) for the offence punishable under Sections 318 (4), 338, 336 (3), 340 & 3 (5) of BNS, 2023, 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. (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 sufficient cause, the trial court may 4 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri