1 2025:CGHC:29972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3456 of 2025 1. Ashutosh Katariya @ Aashu S/o Shri Ramesh Katariya Aged About 24 Years R/o Khamhariya P.S. Tilda Nervra District - Raipur (C.G.) 2. Domar @ Sagar @ Doman Verma S/o Shri Indaraman Verma Aged About 21 Years R/o Village Konari P.S. Tilda Nevra District - Raipur (C.G.) ... Applicants versus State of Chhattisgarh Through P.S. Tilda Nevra District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2025 1. As the applicant No. 02, namely, Domar @ Sagar @ Doman Verma has already been granted bail by this Court vide order dated 05.05.2025, this Court proceeds to hear the bail application in respect of applicant No. 01, namely, Ashutosh Katariya @ Aashu. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.03 11:14:22 +0530 2 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant No. 01 has been arrested in connection with Crime No. 528/2024 registered at Police Station Tilda - Nevra, District Raipur (C.G.), for the offence punishable under Sections 309(6), 117(2) of the Bhartiya Nyaya Sanhita, 2023. 3. As per the case of the prosecution, a complaint was made to the Police Station Tilda Nevra by the complainant, Pankaj Kumar Mandal, stating that on 03.11.2024, when he reached Gate No. 06 of Nakoda Pvt. Ltd., three persons with their faces covered came on a motorcycle, assaulted him with a knife, and looted his Realme mobile phone worth Rs. 18,000/-. Hence, the FIR was registered. 4. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the test identification parade conducted by the police cannot be relied upon because, according to the prosecution's case, the persons who had assaulted the complainant had covered their faces; as such, further detention on that ground is highly unjust and unfair. He further submits that co-accused person, namely, Indra Kumar Verma Alias Pintu in MCRC No. 1850 of 2025 vide order dated 15.04.2025 has already been granted bail and the applicant is in jail since 08.01.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant on the ground of parity. 5. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet 3 has already been submitted before the competent Court in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and further the fact that the co-accused person, namely, Indra Kumar Verma Alias Pintu in MCRC No. 1850 of 2025 vide order dated 15.04.2025 has already been granted bail, moreover, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 08.01.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant No. 01 – Ashutosh Katariya @ Aashu , involved in Crime No. 528/2024 registered at Police Station Tilda - Nevra, District Raipur (C.G.), for the offence punishable under Sections 309(6), 117(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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 him in accordance with law. 9. 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 Abhishek