1 2025:CGHC:21710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3634 of 2025 Abhishek Sindhu S/o Sadanand Sindhu Aged About 30 Years Caste - Jaat, R/o Village - Khedibandha, P.S.- I.M.T., Distt. - Rohtak (Hariyana) --- Applicant(s) versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Gandhi Nagar, Ambikapur, Distt. - Surguja (C.G.) --- Respondent(s) For Applicant(s) : Mr. A.N. Pandey, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.12/2025, registered at Police Station Gandhi Nagar, Ambikapur, Distt. - Surguja (C.G.) for the offences punishable under Sections 308(5), 61(2) of the BNS and Section 25 and 27 of the Arms Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.12 11:18:04 +0530 2 2. The case of the prosecution, in brief, 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 the 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 Rs.25000/- and committed the alleged offence. On the basis of complain lodged by the complainant, Police arrested the accused Ajay, Manish, Manu and Narendra and on the basis of memorandum of co-accessed, police made an access to the present applicant in the present case and arrested him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Further, co-accused, namely, Praveen, Aryan Mukharjee and Sahil Goyal have already been granted bail by this Court in MCRC No.2609/2025, 2287/2025 and 1805/2025 vide order dated 03.04.2025, 21.03.2025 and 06.03.2025 respectively, copy of which is annexed in this bail application and the case of the present applicant is identical to that of the co-accused persons. So far as criminal antecedents of the applicant is concerned, applicant has only previous criminal antecedent registered against him bearing Crime No. 371/2024. He is languishing in jail since 04.01.2025, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, 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 counsel for the State opposes the bail 3 application of the applicant but could not dispute that the fact that co-accused persons have already been granted by this Court and the case of the present applicant is identical to that of the co- accused. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Praveen, Aryan Mukharjee and Sahil Goyal have already been granted bail by this Court in MCRC No.2609/2025, 2287/2025 and 1805/2025 vide order dated 03.04.2025, 21.03.2025 and 06.03.2025 respectively and the case of the present applicant is identical to that of the co-accused persons, charge-sheet has already been filed and he is languishing 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 present applicant is entitled to be released on bail in this case on the ground of parity. 6. Let applicant, Abhishek Sindhu, involved in Crime No.12/2025, registered at Police Station Gandhi Nagar, Ambikapur, Distt. - Surguja (C.G.) for the offences punishable under Sections 308(5), 61(2) of the BNS and Section 25 and 27 of the Arms Act, be released on bail on his furnishing a 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 4 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 sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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. 5 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti