1 2025:CGHC:19980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3387 of 2025 Virendra Sahu @ Bhau S/o Shri Baijnath Sahu Aged About 22 Years R/o Anand Hospital Ke Pass, Torwa, Thana Torwa, Tahsil And District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Aarakshi Kendra Thana Sarkanda, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, 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 applicant who has been arrested in connection with Crime No. 77/2025 registered at Police Station : Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305 (अ), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's brief story is that on 20.01.2025, after ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.02 12:53:58 +0530 2 investigating the accused person for attempting theft, they registered a case under Crime No. 77/2025, Sections 331(4), 305 (अ), and 3(5) of the BNS. Evidence was collected, and the investigation continued. The accused was arrested and presented before the Trial Court in Bilaspur, District Bilaspur (Chhattisgarh), where they remain in custody. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Nikhil Yadav in MCRC No. 1044 of 2025 vide order dated 22.03.2025 has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the other co-accused person, namely, Nikhil Yadav in MCRC No. 1044 of 2025 vide order dated 22.03.2025 has already been granted regular bail by this Court, also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the view 3 that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Virendra Sahu @ Bhau, involved in Crime No. 77/2025 registered at Police Station : Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305 (अ), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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 4 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. 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 Abhishek