1 2025:CGHC:23295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3702 of 2025 Ghanshyam Dhruv S/o Ganeshu Ram Dhruv Aged About 22 Years R/o Village- Sirsida, P.S.- Kurud, District- Dhamtari, C.G. ... Applicant versus State Of Chhattisgarh Through Police Station- Kurud, District- Dhamtari, C.G. ... Respondent For Applicant : Mr. Shobhit Koshta, Advocate. For Non- applicant/State : Ms. Upasana Mehta, Dy. Government Advocate Hon'ble Justice Shri Arvind Kumar Verma, Judge Order on Board 12.06.2025 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. 527/2025 registered at Police Station Kurud, district Dhamtari (C.G.), for the offences punishable under Sections 103(1), 296(b), 115(2), 351(2) and 191(2) of BNS, 2023. 2 2. The prosecution's story, in brief, is that the complainant on 23.12.2024 has lodged a written complaint at Police Station Kurud, alleging that the applicant along with other co-accused persons killed the deceased Kartik Ram Patel who is the friend of the complainant. Kartik Ram and his friends namely Omkar Sahu, Sanjay Sahu, Devendra Sahu and Dhaneshwar Nishad had looted two sacks of rice from the house of village Sirsida and they had beaten the deceased and his friends with hand, fists and stick and later on Kartik died on 23.12.2024 at about 12:30 PM at district hospital. 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 the present applicant has not been named as an accused in FIR. There is no concrete materials against the applicant. The applicant has been made as an accused later on the basis of the seized CCTV footage obtained after three to four days of incident. He also contended that the co-accused persons have been enlarged on bail vide order dated 23.04.2025 passed in MCRC No. 3075 of 2025. The trial is likely to take some considerable time to conclude, hence he prays for grant of bail to the 3 present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant. 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 that the co-accused persons, namely, Devraj Dhruv, Toran Sahu, Toman Lal, Ishwar Sahu, Devnarayan Sahu, Humesh Chand Dhruv, Bhupesh Kumar Sahu, Jageshwar Nirmalkar, Shyamu and Keshav Ram Sahu, vide order dated 23.04.2025 in MCRC No. 3075 of 2025, have already been granted regular bail by this Court. Also considering the fact that the name of the present applicant is nowhere reflected in the FIR. 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. 7. Let the present applicant , involved in Crime No. 527/24 registered at Police Station Kurud, district Dhamtari (C.G.), for the offences punishable under the afore mentioned sections, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court 4 concerned with the following conditions:- (i) The applicant 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 applicant 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant 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 5 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 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/- (Arvind Kumar Verma) Judge alfiza