1 2025:CGHC:22385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4106 of 2025 B. Bhavesh Rao S/o B. Ishwar Rao, Aged About 19 Years, Resident Of Rasmada, Station Para, Police Chowki Anjora, Police Station Pulgaon, District – Durg (C.G.). [As per challan (wrongly mentioned details of co- accused as Akash @ Bhulau Nirmalkar)]. ... Applicant versus State Of Chhattisgarh, Through - The Station House Officer, Police Station - Somani, District - Rajnandgaon (C.G.). ... Non-Applicant For Applicant : Mr. Praveen K. Dhurandhar, Advocate. For Non-applicant/ State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/05/2025 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.43/2025 registered at Police Station Somani, CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.05.28 11:57:33 +0530 2 District - Rajnandgaon (C.G.), for the offences punishable under Sections 109, 296 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story, in brief, is that on 08.02.2025 complainant- Hemant Sen, lodged a complaint at police station Somni, District Rajnandgaon (C.G.) stating that he has a salon shop at Mangta Chowk. On the night of 07.02.2025, at around 10:30 PM, Chetan Sahu came to his house and informed him that his brother, Devendra Sen, had been attacked with a knife by some boys from Rasamda and was taken to Somni hospital. He then went to Somni hospital on Chetan's motorcycle and found his brother Devendra lying in the hospital with a knife injury on his back. When he asked his brother about the incident, Devendra told him that Gupesh Sahu, applicant- Bhavesh Rao, and Bhulau from Rasamda had been arguing with Pramod Thakur, and when he tried to intervene, they threatened him and later attacked him near Kabir Kuti, stabbing him twice in the back. The hospital authorities referred him to the Medical College Pendri, Rajnandgaon for further treatment, and he took his brother there for treatment. During the investigation, the accused, 3 including the applicant, were arrested for the offences under Sections 109, 296 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the the evidence collected by the prosecution is also not prima facie sufficient to hold the applicant guilty of the aforesaid offenses and there is no eyewitness in this case. He submits that similarly situated co-accused Gupesh Sahu has already been granted regular bail by the trial Court vide order dated 03/05/2025 passed in MCRC No. 3574/2025 (Annexure A/2). He further submits that the co-accused Gupesh Sahu has no criminal antecedents, however, the present applicant has two criminal antecedents and in one case he has been acquitted, as is evident from the copy of order filed alongwith covering memo dated 27/05/2025 and he is in jail since 10/02/2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has 02 4 criminal antecedents, shows that the applicant is a habitual offender, therefore, he is not entitled for grant of 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, and the fact that the applicant has two criminal antecedents, out of which in one case, he has already been acquitted. Copy of order is annexed herewith the present bail application by way of covering memo. Moreover, the charge- sheet has already been submitted before the competent Court in the present case, and the applicant has been languishing in jail since 10.02.2025, in particular the fact that similarly situated co- accused has already been released on bail by trial Court, copy of order is annexed herewith as Annexure A/2 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. 7. Let the Applicant – B. Bhavesh Rao, involved in Crime No. 43/2025 registered at Police Station Somani, District - Rajnandgaon (C.G.), for the offences punishable under 5 Sections 109, 296 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 his 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 6 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 Chandrakant