1 2025:CGHC:20965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3526 of 2025 1. Iren Nanda S/o Imanvel Nanda Aged About 22 Years R/o Village- Patharpara Balodgahan Police Station And District- Balod, Chhattisgarh. 2. Aniket Masih S/o Late. Asif Masih Aged About 19 Years R/o Village- Patharpara, Balodgahan Police Station And District- Balod, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through- Police of Police Station, Purur, District- Balod (C.G.) ... Non-applicant For Applicant : Mr. Ishan Verma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.05.2025 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. 127/2024 registered at Police Station Purur, District Balod (C.G.), for the offences punishable under Sections 309(4), 309(6), 311, 238, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.08 12:14:45 +0530 2 Arms Act. 2. According to the prosecution's case, on 05.12.2024, at around 5:00 AM, the complainant, Dhananjay Nishad, and his friend Tileshwar Taram were going for a morning walk when three unknown masked persons on a motorcycle approached them. The assailants stabbed the complainant in the left thigh and snatched his Vivo mobile phone, valued at Rs. 10,000/-. The Charama Police Station registered an FIR, and during the investigation, it was discovered that a child in conflict with the law (Mayank Khatri) was the one who stabbed the complainant, while co-accused Dipanshu Sahu drove the motorcycle, and the applicant was a pillion rider. After completing the investigation, a charge sheet was filed under Sections 309(4), 309(6), 311, 238, 3(5) BNSS (corresponding to Sections 392, 394, 397, 201, 34 of IPC) and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He submits that the other co-accused person, namely, Jubair Khan has already been granted regular bail by this Court in MCRC No. 2280 of 2025 vide order dated 16.04.2025. Therefore, he submits that the present applicants are 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 applicants 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. 3 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Jubair Khan has already been granted regular bail by this Court in MCRC No. 2280 of 2025 vide order dated 16.04.2025, also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicants have been in jail since 07.12.2024, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case on the ground of parity. 7. Let the Applicants – Iren Nanda and Aniket Masih , involved in Crime No. 49/2025 registered at Police Station Vidhan Sabha, Raipur, District Raipur (C.G.), for the offences punishable under Sections 420 read with Section 34 of the Indian Penal Code, be released on bail on his 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 sufficient 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 sufficient 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. 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