1 2025:CGHC:1762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 187 of 2025 Mohd. Jafar @ Mohd. Sheikh Jafar @ Jholtu S/o Mohd. Jabbar Aged About 20 Years R/o. Idgah Bhatha, Police Station Azad Chowk, Tahsil And District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Azad Chowk, Tahsil And District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dashrath Kushwaha, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.201/2024, registered at Police Station Azad Chowk, Tahsil And District Raipur (C.G.) for the offence punishable under Sections AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.10 19:45:11 +0530 2 298, 296, 351(2), 115(2) of the BNS. 2. The prosecution story in a nutshell is that the complainant namely Shubham Sarthi had lodged a written report in Police Station Azad Chowk, Raipur, alleging therein that on the date of incident i.e. 06.09.2024 at about 10 pm along with others are preparing for sitting statue of Lord 'Ganesh". At that time the applicant came there and broke the statute through his leg. On this issue, there was hot talk and exchange of filthy language. Based on the report, the Police Station Azad Chowk, Raipur had lodged the report vide Crime No. 201/2024 for the offence punishable Under Section 298, 296, 351(2), 115(2) of the Bharatiya Nyay Sanhita, 2023. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has not committed any offence. He further submits that there is no direct allegation against the present applicant and only vague allegations are levelled against him. Looking to the material available on records, prima facie case is not made out against the present applicant. Further, co-accused, namely, Seikh Zakir has already been granted bail by this Court in MCRC No. 8107 of 2024 vide order dated 11.12.2024 and the case of the present applicant is identical to that of the co-accused. He lastly submits that applicant is languishing in jail since 18.09.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time. Hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned counsel for the State opposes the 3 bail application of the applicant and submits that the applicant is the main accused of the crime in question and further he has four previous criminal antecedents registered against him, out of which, 2 are under the IPC and 2 are of preventive measures. Hence, his bail application is liable to be rejected. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Seikh Zakir has already been granted bail by this Court in MCRC No. 8107 of 2024 vide order dated 11.12.2024 and the case of the present applicant is identical to that of the co-accused, charge-sheet has already been filed and the applicant is languishing in jail since 18.09.2024 hence, this Court is of the opinion that the applicant is entitled to be released on bail in this case on the ground of parity. 6. Let applicant, Mohd. Jafar @ Mohd. Sheikh Jafar @ Jholtu, involved in Crime No.201/2024, registered at Police Station Azad Chowk, Tahsil And District Raipur (C.G.) for the offence punishable under Sections 298, 296, 351(2), 115(2) of the BNS, 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. 4 (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 sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Akhil