1 2025:CGHC:22131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3811 of 2025 1. Ajmer S/o Ajit Aged About 24 Years R/o Village Damad. Tahsil Rohtak, P.S. Sadar District Rohtak (Hariyana) 2. Vijay S/o Satpal Aged About 27 Years R/o Village Tiloi, Tahsil Rohtak P.S. Sadar, District Rohtak (Hariyana) 3. Sagar @ Pahalwan S/o Ramjani Aged About 22 Years R/o Village Israna, Tahsil Panipat District Panipat (Hariyana) ... Applicants versus State of Chhattisgarh Through The Station House Officer, Police Station Sitapur Distt. Surguja (C.G.) ... Non-applicant For Applicants : Mr. A.N. Pandey, Advocate. For Non-applicant/State : Mr. Arvind Dubey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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 applicants who have been arrested in connection with Crime No. 371/2024 registered at Police Station Sitapur, District Surguja (C.G.), for the offences punishable under Sections 309(4), 310(2), 61(2) and 193(9) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.21 12:26:34 +0530 2 2. As per the case of the prosecution, on 15.12.2024, the complainant, Sahabu, lodged a report before the Police Station, Sitapur, District Surguja (C.G.), against two unknown persons with the allegation that on 15.12.2024, at 3:10 PM, the complainant was going from Sitapur to Dumrabhavana on a motorcycle, TVS Sport No. CG15-DT-5381, carrying two electricity boards. Near Village Bamlaya pond, two unknown persons stopped him and asked for a lift. When he stopped, the accused showed him something like a gun and robbed him of his motorcycle worth about Rs. 35,000/- (thirty-five thousand) and committed the alleged offence. On the basis of the complaint lodged by the complainant, the police arrested the accused, and after completing the investigation, the police filed the charge-sheet before the competent Court. 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 present applicants have only 01 criminal antecedent under the BNS which is also listed today before this Court for hearing except this case the applicants have no criminal antecedents. He further submits that other co-accused person, namely, Abhishek Sindhu, Amit Kumar @ Mita vide order dated 09.05.2025 and 02.05.2025 in MCRC No. 3638 of 2025 and 3394 of 2025, have 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. 3 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 person, namely, Abhishek Sindhu, Amit Kumar @ Mita vide order dated 09.05.2025 and 02.05.2025 in MCRC No. 3638 of 2025 and 3394 of 2025, have already been granted regular bail by this Court, moreover, the fact that the charge - sheet has already been submitted in the present case before the competent Court and they are in jail since 25.12.2024 and the 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 – Ajmer, Vijay and Sagar @ Pahalwan, involved in Crime No. 371/2024 registered at Police Station Sitapur, District Surguja (C.G.), for the offences punishable under Sections 309(4), 310(2), 61(2) and 193(9) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on their furnishing personal bond with two local 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 4 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 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