1 2025:CGHC:3451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 510 of 2025 1. Anil Das Mahant S/o Shri Kali Das Mahant Aged About 23 Years R/o Dongaghat, Champa, Police Station-Champa, District- Janjgir- Champa(C.G.) 2. Budhram Patel S/o Shri Dashrath Patel Aged About 40 Years R/o Rajapara, Champa, Police Station-Champa, District-Janjgir- Champa(C.G.) ... Applicants versus State of Chhattisgarh Through The District Magistrate Janjgir, District- Janjgir-Champa(C.G.) ... Non-applicant For Applicants : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.01.2025 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. 348/2024 registered at Police Station Champa, District Janjgir- Champa (C.G.), for the offences punishable under Sections 296, 351(2), 119(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.21 16:14:44 +0530 2 2. According to the prosecution's case, the complainant, a priest at Dongaghat Temple in Champa, alleged that the applicant and co- accused persons demanded money from him while he was worshiping. When he refused, they allegedly assaulted him, using abusive language. Based on the complainant's report, the police registered a case against the applicant and others for the alleged offenses. Consequently, they were arrested on August 25, 2024. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He submits that the present applicants have no criminal antecedents. He further submits that other co-accused person, namely, Javed Khan in MCRC No. 8526 of 2024 vide order dated 05.12.2024 has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the present applicants have no criminal antecedents and further the other co-accused person, namely, Javed Khan in MCRC No. 8526 of 2024 vide order dated 05.12.2024 has already been granted regular bail by this Court. Also considering the fact that the 3 charge - sheet has already been submitted in the present case before the competent Court and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case on the ground of parity. 7. Let the Applicants – Anil Das Mahant and Budhram Patel, involved in Crime No. 348/2024 registered at Police Station Champa, District Janjgir-Champa (C.G.), for the offences punishable under Sections 296, 351(2), 119(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 4 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 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 Abhishek