1 2025:CGHC:2477 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 376 of 2025 1. Monu @ Ganesh Dhruv S/o Ramkumar Dhruv Aged About 24 Years R/o Sai Nagar, Behind Pam Residency, Police Station - Civil Line, Raipur, District Raipur, Chhattisgarh. 2. Sunil Bag S/o Jagmohan Bag Aged About 22 Years R/o Sai Nagar, Behind Pam Residency, Police Station - Civil Line, Raipur, District Raipur, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police Station - Civil Line, Raipur, District Raipur, Chhattisgarh. ... Non-applicant For Applicants : Mr. Shikhar Sharma, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 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. 425/2024 registered at Police Station Civil Line, Raipur, District Raipur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 118(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.16 12:14:06 +0530 2 2. The prosecution's story, in brief, is that according to the prosecution's story, Vishal Netam, a resident of Rajendra Nagar Raipur, visited Matarani Mandir on July 31, 2024, at 18:10 hours. There, three accused persons, including the present applicants, approached him, abused him, and started beating him with their hands and fists. Applicant No. 1 and co-accused Paji allegedly assaulted Vishal with a knife while applicant Sunil held him down, resulting in injuries to multiple body parts. 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 applicants have 01 criminal antecedent under the IPC which is still pending. He further submits that other co-accused person, namely, Paji Alias Rinku Bhatre, vide order dated 08.01.2025 in MCRC No. 52 of 2025, has already been granted regular bail by this Court. Therefore, he submits that the present applicants are 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 applicants 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 co-accused person, namely, Paji Alias Rinku Bhatre, vide order dated 08.01.2025 in MCRC No. 52 of 2025, has already been 3 granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and they are in jail since 18.11.2024 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 – Monu @ Ganesh Dhruv and Sunil Bag S/o Jagmohan Bag, involved in Crime No. 425/2024 registered at Police Station Civil Line, Raipur, District Raipur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 118(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing personal bond with two local 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 4 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 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