1 2025:CGHC:22649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3102 of 2025 Manish Singh S/o Kashmir Singh, Aged About 27 Years, R/o Khiloi, P.S. Sadar Rohtak, Haryana ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District- Surguja, Chhattisgarh. ... Non-Applicant For Applicant : Ms. Sangeeta Soni, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.06.2025 1 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. 12/2025, registered at Police Station – Gandhinagar, District- Surguja (C.G.) for the offence punishable under Sections 308(5) and 61(2) of Bharatiya Nyay Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant has made written complaint to the concerned Police Station alleging that the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.10 10:50:33 +0530 2 accused persons have illegal demanded and received amount of Rs. 25,000/- on 16.12.2024 and again received amount of Rs. 25,000/- on 17.12.2024 from the complainant. Based upon such complaint, Police has registered the offence against accused persons and only on the basis of memorandum statement present applicant has been involved in connection of this crime. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that the police has not seized any article from the applicant and he has not committed theft of the seized article and only on the basis of memorandum statement, the applicant has been arrested by the police. She further submitted that two accused persons, namely, Sahil Goyal and Praveen have been granted bail by this Court vide order dated 06.03.2025 and 03.04.2025 passed in MCRC Nos. 1805/2025 and 2609/2025. She further submitted that the applicant has one previous criminal antecedent which are pending before the learned trial Court at Orissa State. It is further stated that the charge- sheet has been filed and the applicant is in jail since 04.01.2025 and trial is likely to take quite long time for its conclusion, therefore, she prays for grant of bail on the ground of parity. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. She further submitted that the applicant has one previous criminal antecedent, therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 3 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that two accused persons, namely, Sahil Goyal and Praveen have been granted bail by this Court vide order dated 06.03.2025 and 03.04.2025 passed in MCRC Nos. 1805/2025 and 2609/2025 respectively, and the case of the present applicant is similar to that of the co-accused, so far as the criminal antecedent of the applicant is concerned, he has one previous criminal antecedent which are pending before the learned trial Court at Orissa State and the charge-sheet has been filed and the applicant is in jail since 04.01.2025, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7 Accordingly, the bail application is allowed. Let the applicant - Manish Singh, involved in Crime No. 12/2025, registered at Police Station – Gandhinagar, District- Surguja (C.G.) for the offence punishable under Sections 308(5) and 61(2) of Bharatiya Nyay Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 his, 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 his in accordance with law. 8 Office 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