1 2025:CGHC:1774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 218 of 2025 1 - Vijay Kumar Jaiswal S/o Chhote Lal Jaiswal Aged About 39 Years R/o- Village- Sirmina, P.S.- Pasan, District- Korba, C.G. 2 - Vishwa Prasad S/o Late. Mulchand Sonjhari Aged About 22 Years R/o- Village- Sirmina, P.S.- Pasan, District- Korba, C.G. ... Applicants versus State of Chhattisgarh Through- S.H.O., Police Station- Udaipur, District- Sarguja, C.G. ... Non-applicant For Applicants : Ms. Harshika Pandey, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/01/2025 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 applicants who have been arrested in connection with Crime No. 179/2024 registered at Police Station- Udaipur, District- Sarguja, (C.G.) for the offence under Sections 309, 310(2), 318 of Bharatiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief is that the complainant, Nawal Kishore Jaiswal, lodged a written report alleging that on 10.08.2024, he went with his friend to the village Daandgaon to RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.10 20:31:48 +0530 2 inspect a plot of land for purchase. The owner of the land took him alone on a motorcycle to show him the property. At that time, two unknown persons arrived on a motorcycle and, at knifepoint, looted Rs. 6,500/- from his pocket, Rs. 3,00,000/- hidden under his vest, a gold chain, a mobile phone, an Aadhaar card, and a PAN card. Thereafter, they fled from the scene along with the landowner. It was also alleged that a woman present at the scene fled with the accused after the incident. Based on the complainant’s report, an offense was registered. During the investigation, the applicant, along with other co-accused persons, was arrested. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. She also submitted that the present applicants were never involved in any kind of offence and further applicants were not present at the time of incident. She further submits that only on the basis of memorandum of co-accused, present applicants were made accused in the case. She further submits that the present applicants have no criminal antecedents. She later submitted that in the present case, co-accused person, namely, Smt. Gauri Soni has already been granted bail by this Court vide order dated 06.12.2024 passed in MCRC No. 8552/2024. further the charge- sheet has been filed and the applicants are in jail since 14.08.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail on the ground of parity. 3 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has already been filed in the present case before the competent Court. She further submits that the present applicant along with other co-accused persons arrived on a motorcycle and, at knifepoint, looted Rs. 6,500/- from the complainant’s pocket, Rs. 3,00,000/- hidden under his vest, a gold chain, a mobile phone, an Aadhaar card, and a PAN card. Thereafter, they fled from the scene, therefore, the present applicants are not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicants and the fact that the present applicants have no criminal antecedents and in the present case, co-accused person, namely, Smt. Gauri Soni has already been granted bail by this Court vide order dated 06.12.2024 passed in MCRC No. 8552/2024 and the charge- sheet has been filed and the applicants are in jail since 14.08.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to allow this application on the ground of parity. 7. 7. Let the Applicants – Vijay Kumar Jaiswal and Vishwa Prasad involved in Crime No. 179/2024 registered at Police Station- Udaipur, District- Sarguja, (C.G.) for the offence under Sections 4 309, 310(2), 318 of Bharatiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce 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 Rahul Dewangan