1 2025:CGHC:19993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3361 of 2025 Amit Kumar @ Mita S/o Karambir, Aged About 35 Years, R/o Rohtak Ward No. 10, District- Rohtak (Hariyana) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Gandhi Nagar Ambikapur, District- Surguja (C.G.) ... Non-Applicant For Applicant : Mr. A.N. Pandey, Advocate. (through video- conferencing). For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2025 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(wrongly mentioned of Crime No. in the order 12/2024), registered at Police Station – Gandhi Nagar Ambikapur, District- Surguja (C.G.) for the offence punishable under Sections 308(5), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.02 18:30:46 +0530 2 2. The case of the prosecution, is that, on 03.01.2025, the complainant Shekar Agarwal lodged the report before the Police Station – Gandhi Nagar, Ambikapur against the 3 unknown person with the allegation that on 02.01.2025 at 11.00 AM, three unknown persons has visited the shop (Ravi Marbles and Tiles) of the complainant and have made extortion by putting the complainant in fear of death and extorted of Rs. 25,000/- and committed the alleged offence. On the basis of complaint lodged by the complainant, Police arrested to the accused Ajay, Manish, Manu and Narendra and on the basis of memorandum of co-accused, police made an accused to the present applicant in the present case and arrested to him and after completing of investigation, police filed and charge-sheet before the competent Court. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused persons, namely, Praveen, Aryan Mukharjee and Sahil Goyal have already been granted bail by this Court vide order dated 03.04.2025, 21.03.2025 and 06.03.2025 passed in MCRC Nos. 2609/2025, 2287/2025 and 1805/2025 respectively. It is further submitted that the applicant has one previous criminal antecedent. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 04.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court. He further submits that the applicant has one previous criminal antecedent. Therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused persons, namely, Praveen, Aryan Mukharjee and Sahil Goyal have already been granted bail by this Court vide order dated 03.04.2025, 21.03.2025 and 06.03.2025 passed in MCRC Nos. 2609/2025, 2287/2025 and 1805/2025 respectively. It is further submitted that the applicant has one previous criminal antecedent, the charge-sheet has been filed against the applicant, the applicant is in jail since 04.01.2025 and conclusion of the trial is likely to take some time, therefore, 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 - Amit Kumar @ Mita, involved in Crime No – 12/2025(wrongly mentioned of Crime No. in the order 12/2024), registered at Police Station – Gandhi Nagar Ambikapur, District- Surguja (C.G.) for the offence punishable under Sections 308(5), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act, 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 sufÏcient cause, the trial court may 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 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 accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. 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 Preeti