1 2025:CGHC:29165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4986 of 2025 Pushpraj @ Vikas Behra S/o Madhusudan Behra Aged About 21 Years (Wrongly Mention Behara In Order) R/o Chandani Chowk (Wrongly Mention Choak In Order), Tiur Para, Raigarh, Tahsil and District Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Thana In-Charge, P.S. City Kotwali, District Raigarh, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No - 122/2025, registered at Police Station – City Kotwali, District Raigarh (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2025. 2. As per the case of prosecution, on 18.03.2025 the complainant, namely, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.01 10:52:13 +0530 2 Rajesh Kumar Chauhan has kept his Motor Cycle Pulsar bearing registration No. CG 13 AX 6530 in front of PG College and gone Chapale, when he saw next day the said Motor Cycle was missing and some unknown person has taken his Motor Cycle. For the above reason complainant has lodged the F.I.R. in police station. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that there is no specific allegation made against the present applicant. It is further submitted that the co-accused, namely, Rajendra Nishad @ Chhotu has already been granted bail by this Court vide order dated 24.06.2025 passed in MCRC No. 4790/2025. It is also submitted that the applicant has one previous criminal antecedents. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 25.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. He further submits that the applicant was committed theft of motor-cycle and he has one previous criminal antecedents of similar nature, hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused, namely, Rajendra Nishad @ Chhotu has already been granted bail by this Court vide order dated 24.06.2025 passed in 3 MCRC No. 4790/2025, further the applicant has one previous criminal antecedents, the charge-sheet has been filed and he is is in jail since 25.05.2025 and conclusion of the trial is likely to take some time, therefore, 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. Accordingly, the bail application is allowed. Let the applicant - Pushpraj @ Vikas Behra, involved in Crime No - 122/2025, registered at Police Station – City Kotwali, District Raigarh (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2025, be released on bail on his furnishing a personal bond with two local 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 4 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 Preeti