1 2025:CGHC:29148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4178 of 2025 Rajesh Verma @ Bholu S/o Late Harishankar Verma Aged About 33 Years R/o Near Aryan Public School Rajkishore Nagar Sarakanda Bilaspur, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Police Station Sarkanda, Bilaspur, District- Bilaspur Chhattisgarh ... Respondent For Applicant : Shri Anway Tiwari, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.542/2024 registered at Police Station Sarkanda, Dist. Bilaspur, (C.G.) for the offence punishable under Sections 307, 341, 34 I.P.C. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.02 18:05:27 +0530 2 2. Case of the prosecution, in brief, is that one year ago the complainant appeared at Rajkishore Nagar Sarkanda Police Station and he lodged a report. According to the prosecution's story, Chinmay lodged a complaint stating that on May 13, 2024, at around 12:10, he and the victim, Vaibhav, were traveling on a Bullet motorcycle near the Orphanage Complex in Rajkishore Nagar, Bilaspur. The applicant, along with other co-accused individuals, allegedly stopped the vehicle with the intention of killing Vaibhav and injured him on the throat with a blade. Upon which FIR No. 542/2024 has been lodged in police station Sarkanda and the applicant has been arrested on 16.05.2024. 3. Learned counsel for the applicant submit that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused Aman Sonkar has been granted bail by this Court in MCRC No.7261/2024 on 27/11/2024. It is stated that the charge sheet has been submitted and the applicant is in jail since 16/05/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She would submit that there are four previous criminal antecedents against the present applicant which the applicant has explained in para 4A of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that co-accused Aman Sonkar has been granted 3 bail by this Court in MCRC No.7261/2024 on 27/11/2024, period of detention of the applicant since 16/05/2024, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly the bail application is allowed and it is directed that the Applicant-Rajesh Verma @ Bholu, involved in Crime No.542/2024 registered at Police Station Sarkanda, Dist. Bilaspur, (C.G.) for the offence punishable under Sections 307, 341, 34 I.P.C., be released on bail on his furnishing a 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 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, 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri