1 2025:CGHC:19989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3369 of 2025 1 - Mohammad Salman @ Batay S/o Ghanshyam Aged About 19 Years R/o Near Fic Godam, Ward No. 11, Tahsil And Distt- Rajnandgaon (C.G.) 2 - Dipesh Netam S/o Shayamu Netam, Aged About 22 Years R/o Maszid Gali, Gauri Nagar, Rajnandgaon, Distt.- Rajnandgaon (C.G.) ... Applicants versus State of Chhattisgarh Through SHO, Thana- Thelkadih, District - Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-applicant For Applicants : Mr. Samir Singh, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/05/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 21/2025 registered at Police Station- Thelkadih, District – Khairagarh-Chhuikhadan-Gandai, (C.G.) for the offence under Section 309(4) of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief is that the complainant, Sandeep Kumar, lodged a report stating that on 02.02.2025, while he was on his way home, three persons approached him on a scooty. On the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 pretext of asking for directions, the accused person sitting in the middle of the scooty snatched his mobile phone. A report was lodged against the accused persons, and based on the memorandum statement of the co-accused, the applicants have been arrested for the alleged commission of the offence. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He also submitted that on the basis of memorandum statement, the present applicants were arrested in the present case. He also submits that no any ornament nor any cash amount has been seized from the applicants. He further submits that in the present case, co-accused person, namely, Vikas Tapadiya has already been granted bail by this Court vide order dated 15.04.2025 passed in MCRC No. 1752/2025. further the applicants are in jail since 04.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has not been submitted in the present case. He further submits that the present applicants along with other co-accused persons snatched mobile phone. He further submits that the applicant No.01 has 01 criminal antecedent under the NDPS Act and applicant No.02 has 02 criminal antecedents. Therefore, the present applicants are not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that though the charge-sheet has not been submitted in the present case, but other co-accused person, namely, Vikas Tapadiya has already been granted bail by this Court vide order dated 15.04.2025 passed in MCRC No. 1752/2025, and the applicants are in jail since 04.02.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to allow this application on the ground of parity. 7. Let the Applicants – Mohammad Salman @ Batay and Dipesh Netam involved in Crime No. 21/2025 registered at Police Station- Thelkadih, District – Khairagarh-Chhuikhadan-Gandai, (C.G.) for the offence under Section 309(4) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against 4 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. OfÏce 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 Rahul Dewangan