1 (MCRC No. 4167 of 2025) 2025:CGHC:22442 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4167 of 2025 1 - Gourav Batra S/o Narayan Das Batra Aged About 25 Years R/o Masanganj Bilaspur, Police Station Civil Lines, District Bilaspur (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through The Police Station House Officer, P.S. Khamtarai, District Raipur (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Purnendra Khichariya, Advocate For Non-applicant/State : Mr. K.P. Gupta, GA Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 254 of 2025 registered at Police Station : Khamtarai, District – Raipur (C.G.) for the offences punishable under Sections 318(4), 336(3), 338 & 3(5) of the Bharatiya Nyaya Sanhita, ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.05.30 11:01:14 +0530 2 (MCRC No. 4167 of 2025) 2023. 2. At the outset, learned counsel for the applicant would submit that the parties have entered into compromise on 05.04.2025, as there appears business transaction between them and a copy of the compromise has been annexed as Annexure A3. It is also submitted that charge-sheet has already been submitted in the case, and there is no criminal antecedents against the applicant, as submitted in para-4(A) of the petition. It is further submitted that the similarly placed other co-accused namely, Lukky Rajwani has already been granted bail by this Court vide order dated 13.05.2025 passed in MCRC No. 3830/2025. Therefore, on the ground of parity, the applicant herein may also be granted bail. 3. On the other hand, learned State counsel has not opposed the submission of learned counsel for the applicant, and submitted that charge-sheet has already been filed in the present case. 4. I have heard learned counsel for the parties and perused the case diary. 5. Taking into consideration the fact that the parties have entered into compromise on 05.04.2025 and that the applicant has no criminal antecedents, and also considering the fact that the similarly placed other co-accused namely, Lukky Rajwani has already been granted bail by this Court vide order dated 3 (MCRC No. 4167 of 2025) 13.05.2025 passed in MCRC No. 3830/2025 and the present applicant is in jail since 09.03.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the present applicant is entitled to be released on bail in this case on the ground of parity. 6. Let applicant, Gourav Batra involved in Crime No.254 of 2025 registered at Police Station : Khamtarai, District – Raipur (C.G.) for the offences punishable under Sections 318(4), 336(3), 338 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on him furnishing a personal bond with two sureties, in the like amount 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 the Bhartiya Nyaya Samhita. (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 4 (MCRC No. 4167 of 2025) 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 Bhartiya Nyaya Samhita. (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. 7. Office is directed to send a certified copy of this order to the concerned trial Court forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice @d!t!