1 2025:CGHC:22127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3767 of 2025 Rahul Kurre S/o Bhagdas Aged About 22 Years R/o Village Kekrajbod, Police Outpost Jalbandha, Tahsil Khairagarh District- K.C.G., Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Police Station - Khairagarh (Wrongly Mentioned As Police Station Jalbandha) District- K.C.G., C.G. … Non-applicant For Applicant : Mr. Mahesh 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 applicant who has been arrested in connection with Crime No. 503/2024 registered at Police Station Khairagarh, Police Outpost Jalbandha, District K.C.G. (C.G.), for the offences punishable under Sections 109(1) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story, on 23.12.2024, at about 2:35 PM, the complainant, Teejan Chandel, lodged a written report with the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.21 12:26:34 +0530 2 police station stating that she, along with her daughter, Santoshi Chandel, and her son, Jageshwar Chandel, had gone to watch the Mandai program in their village. Later, on 24.12.2024, at approximately 3:00 AM, two individuals from the village, co-accused Kuldeep alias Pahru and Devvrat Markande, got into a quarrel with Jageshwar Chandel. During the fight, co-accused Kuldeep alias Pahru stabbed Jageshwar Chandel three times in the stomach with a knife, and Devvrat Markande assaulted Jageshwar with a stick, resulting in serious stomach injuries. Teejan Chandel and her daughter, Santoshi, witnessed the incident, along with several other people from the neighborhood. Based on this, an FIR was registered for the offence punishable under Section 109(1) read with Section 3(5) of the BNS. 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 also submits that the main allegation is against the co-accused persons, namely, Kuldeep @ Pahru and Devrath Markande who have assaulted the injured with a knife. He further submits that other co- accused person, namely, Dayalu Ram Markande in MCRC No. 3073 of 2025 vide order dated 23.04.2025 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, the 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. He also submits that the applicant, along with other co-accused persons, assaulted the injured with a knife, therefore, the applicant is not entitled for grant 3 regular bail in this case. 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 as the co-accused person, namely, Dayalu Ram Markande in MCRC No. 3073 of 2025 vide order dated 23.04.2025 has already been granted regular bail by this Court, further, the case of the present applicant is distinguished from the case of the other co-accused persons, namely, Kuldeep @ Pahru and Devrath Markande who have assaulted the injured with a knife, moreover, the fact that the charge-sheet has already been submitted before the competent Court and the applicant is in jail since 20.03.2025, 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. 7. Let the Applicant – Rahul Kurre, involved in Crime No. 503/2024 registered at Police Station Khairagarh, Police Outpost Jalbandha, District K.C.G. (C.G.), for the offences punishable under Sections 109(1) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 4 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 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 Abhishek