1 2025:CGHC:33486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5563 of 2025 Shiva Nishad S/o Umesh Nishad Aged About 18 Years R/o In Front Of Gupta Hardware, Jagannath Temple Gali, Ashvani Nagar, P.S. Purani Basti, Dist. Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Purani Basti, Dist. Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Palaash Jha, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, 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. 190/2025 registered at Police Station Purani Basti, Dist. Raipur (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 119(1), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The case of the prosecution, in brief, is that the complainant lodged AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 a report on 12.05.2025 at the Purani Basti Police Station. On 11.05.2025 at around 11:10 P.M., the complainant, along with Lokesh, went to meet his friend Priyanshu near Ashwini Nagar Sulabh, where Deepak Yadav, Ghazni Yadav, Suva alias Suraj, and Shiva Nishad were standing. At that time, Deepak Yadav caught hold of Lokesh Sahu’s collar and started putting his hands into complainant’s pockets, demanding money for buying drugs. When they refused to give money, all four of them started abusing the complainant’s mother and sister in vulgar language and assaulted him with fists, pieces of stone, and a belt, due to which he sustained injuries on his head. A crime was registered based on the said report and the applicant was arrested. Hence, the bail application 3. Learned counsel for the applicant submits that the applicant is innocent has has falsely been implicated in the crime in question. He further submits that the identically situated co-accused persons, namely, Durgesh Yadav @ Gajni, Ghanshyam Kumar Yadav @ Suwa and Ritik Yadav @ Deepak Yadav have already been granted bail by this Court vide common order dated 09.07.2025 in MCRC No.5323/2025. The applicant is in jail since 12.05.2025, the applicant has no criminal antecedent, 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. She further submits that though the applicant has no 3 criminal antecedent, but he is alleged to have assaulted the injured alongwith other co-accused persons with fists, pieces of stone and belt on refusal of his giving money, due to which the injured sustained injuries on his head, therefore, he 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 12.05.2025, the fact that though the applicant is alleged to have assaulted the injured with fists, stone and belt alongwith other co-accused persons, as a result of which, the injured sustained injuries on his head, but co-accused persons, namely, Durgesh Yadav @ Gajni, Ghanshyam Kumar Yadav @ Suwa and Ritik Yadav @ Deepak Yadav have already been granted bail by this Court vide common order dated 09.07.2025 in MCRC No.5323/2025 and the case of present applicant is identical to that of the aforementioned co-accused persons, so far as criminal antecedent of the applicant is concerned, applicant has no criminal antecedent and 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 - Shiva Nishad, involved in Crime No. 190/2025 registered at Police Station Purani Basti, Dist. Raipur (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 119(1), 3(5) of BNS, be released on bail on his furnishing a personal bond 4 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 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. 5 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