1 2025:CGHC:29164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4988 of 2025 1 - Bhupendra Kumar S/o Late Krishna Kumar Porte Aged About 31 Years R/o Jhikatola, P.S. Dallirajhara, District Balod Chhattisgarh. 2 - Abhilash Tiwari S/o Rajendra Prasad Tiwari Aged About 31 Years R/o 08 Rajhara, P.S. Dallirajhara, District Balod Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Police Station Balod, District Balod Chhattisgarh. ... Non-Applicant For Applicants : Ms. Rishika Soni, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. For objector : Mr. Rohit Sharma, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06. 202 5 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 218/2025, registered at Police Station – Balod, District Balod (C.G.) for the offence punishable under Sections 296, 115(2), 118(2), 351(3), 333, and 127(2), read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution case, in brief, is that on 12.05.2025 at around 03:30 p.m., 2-3 persons forcefully entered the house of the complainant, abused him using filthy language, and demanded repayment of the loan amount which the complainant had borrowed from the finance company of the applicants. Thereafter, the main accused assaulted the complainant with a belt and threatened him with dire consequences. As a result, the complainant lodged a report at the concerned police station on 27.05.2025, i.e., after a delay of 15 days from the date of the incident. Consequently, the present First Information Report was registered against the applicant for the alleged offences punishable under Sections 296, 115(2), 118(2), 351(3), 333, and 127(2), read with Section 3(5) of the Bharatiya Nyaya Sanhita. 3. It has been argued by the learned counsel for the applicant that the applicant are innocent and have been falsely implicated in this case. She further submits that the applicants have not committed any offence punishable with death or imprisonment of life. She also submits that the matter has already been compromised between the complainant and the present applicant and the charge-sheet has been filed in this case. She further submits that the other co- accused persons, namely, Vipin Kumar Jain alias Goldi, has been granted bail by this Court vide order dated 17.06.2025 passed in MCRC No. 4560/2025. It is further submitted that there is no previous criminal antecedents of the applicants and they are in jail since 27.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the 3 applicants on the ground of parity. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has not been submitted in the present case. She further submits that the applicants abused the complainant using filthy language, and demanded repayment of the loan amount which the complainant had borrowed from the finance company of the applicants. Thereafter, the accused assaulted the complainant with a belt and threatened him with dire consequences, therefore, this bail application is liable to be rejected. 5. Learned counsel for the objector/complainant has no objection to grant bail. 6. I have heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by learned counsel for the parties and considering the fact that though the applicants abused the complainant using filthy language, and demanded repayment of the loan amount which the complainant had borrowed from the finance company of the applicants and further they assaulted the complainant with a belt and threatened him with dire consequences, but the matter has already been compromised between the complainant and the present applicant and the other co-accused persons, namely, Vipin Kumar Jain alias Goldi, has been granted bail by this Court vide order dated 17.06.2025 passed in MCRC No. 4 4560/2025, further the applicants are in jail since 27.05.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case on the ground of parity. 8. Accordingly, the bail application is allowed. Let the applicants - Bhupendra Kumar and Abhilash Tiwari involved in Crime No. 218/2025, registered at Police Station – Balod, District Balod (C.G.) for the offence punishable under Sections 296, 115(2), 118(2), 351(3), 333, and 127(2), read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a 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 thier absence, without sufficient 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 5 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 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 them in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan