1 2025:CGHC:33482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5569 of 2025 Himanshu @ Montu Yadav S/o Abhimanyu Yadav Aged About 29 Years R/o Udai Chowk Katiyapara, Police Station City Kotwali, District- Bilaspur (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through Police Station City Kotwali, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Hemant Kumar Agrawal, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicant who has been arrested in connection with Crime No. 281/2025 registered at Police Station City Kotwali, District- Bilaspur (C.G.) for the offence punishable under Sections 333, 296, 115(2), 351(2), 191(2), 191(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25 & 27 of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Arms Act. 2. The case of the prosecution, in brief, is that the complainant, Ashok Gupta, reported to the police station that on May 23, 2025, at around 10:30 PM, a dispute over motorcycle parking escalated, and the applicant, along with other accused persons, entered the complainant's house and assaulted him with hands, fists, and a club. After completing the investigation, a charge sheet has been filed against the applicant and the main accused persons under aforementioned offences and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that present applicant is not named in the FIR, whereas the co-accused persons, who were named in the FIR, namely, Kawyanshu Vinodia and Shubham & Sonu Soni have already been granted bail by this Court vide orders dated 10.07.2025 & 07.07.2025 in MCRC No.5379/2025 & 5234/2025, respectively. The applicant is in jail since 03.06.2025, the applicant has three criminal antecedents of the year 2019 under the IPC and all the said three antecedents have been disposed of, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to 3 have assaulted the injured with hands, fists, and a club alongwith other co-accused persons, as a result of which, the injured sustained injuries on his person, further applicant has three criminal antecedents of the year 2019 under the IPC, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 03.06.2025, the fact that though the applicant is alleged to have assaulted the injured with hands, fists, and a club alongwith other co-accused persons, as a result of which, the injured sustained injuries on his person, but the co-accused persons, who were named in the FIR, namely, Kawyanshu Vinodia and Shubham & Sonu Soni have already been granted bail by this Court vide orders dated 10.07.2025 & 07.07.2025 in MCRC No.5379/2025 & 5234/2025, respectively and the case of present applicant is better than that of the aforementioned co-accused persons, so far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents of the year 2019 under the IPC, which have already been disposed of, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. Let the Applicant - Himanshu @ Montu Yadav, involved in Crime No. 281/2025 registered at Police Station City Kotwali, District- 4 Bilaspur (C.G.) for the offence punishable under Sections 333, 296, 115(2), 351(2), 191(2), 191(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25 & 27 of Arms Act, 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. (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 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 5 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil