1 2025:CGHC:22278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3787 of 2025 1 - Ravishankar Suman S/o Late Kriparam Suman Aged About 34 Years Village - Bhadaura Tahsil Masturi Police Station Masturi District Bilaspur, Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Thana Masturi, District : Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Arun Kukreja, Advocate For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.05.2025 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. 295/2024 registered at Police Station - Masturi, District - Bilaspur (C.G.) for the offences punishable under Sections 452, 294, 506, 307, 34 of the Indian Penal Code, 1860. 2. According to the prosecution's story, the complainant Varsha Rani Rathore reported to Masturi Police Station on 24.07.2024, that her father and six others were imprisoned for murder. Since then, she lived in a rented house in Korba with her three children and mother. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 On the day of the incident, she was at home with her family when accused Aman Ratre, applicant i.e. Ravishankar Suman, Babulal Suman, and Parvati Suman gathered near her house. Aman, in an intoxicated condition, entered her home with a sharp axe and attacked her child, Om Rathore, inflicting severe head injuries. When Varsha (complainant) intervened grabbing the axe and her daughter Rajrani helped her escape with Om. Thereafter, they dialed 112 and reported the incident to the police authorities. Based on Varsha's report, accused Aman Ratre, applicant i.e. Ravishankar Suman, Babulal Suman, and Parvati Suman were charged under Sections 452, 294, 506, 307 and 34 of the IPC and subsequently, were arrested. 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 no criminal antecedents. He further submits that other co-accused persons, namely, Parwati Suman & Babulal Suman, vide order dated 13.11.2024 in MCRC No. 7853 of 2024, 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. 3 6. Taking into consideration the facts and circumstances of the case as the co-accused persons, namely, Parwati Suman & Babulal Suman, vide order dated 13.11.2024 in MCRC No. 7853 of 2024, has already been granted regular bail by this Court, further, the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 28.02.2025, conclusion of the trial may take some more 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. 7. Let the Applicant – Ravishankar Suman, involved in Crime No. 295/2024 registered at Police Station - Masturi, District - Bilaspur (C.G.) for the offences punishable under Sections 452, 294, 506, 307, 34 of the Indian Penal Code, 1860 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 sufficient 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 4 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 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 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. 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 Dey