1 2025:CGHC:2793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 410 of 2025 1. Dharamraj @ Dharam S/o Krishnakumar @ Kishun Sahu Aged About 42 Years R/o Village Hanchalpur, PS Bhakara, District Dhamtari, C.G. 2. Krishikant @ Golu S/o Rampal Sahu Aged About 19 Years R/o Village Hanchalpur, PS Bhakara, District Dhamtari, C.G. ... Applicants versus State of Chhattisgarh Through PS Bhakara, District Dhamtari, C.G. ... Non-applicant For Applicants : Mr. Shobhit Koshta, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 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. 203/2024 registered at Police Station Bhakara, District Dhamtari (C.G.), for the offences punishable under Sections 191(2), 221, 132, 324(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 of the Prevention of Damage to Public Property Act, 1984. 2 2. The prosecution's story, in brief, is that on November 3, 2024, a fight broke out in Village Hanchalpur between some individuals and police personnel. The police were transporting the accused in a government vehicle to the police station when some villagers stopped the vehicle and demanded custody of the accused. The situation escalated, with the villagers pelting stones and creating a ruckus, resulting in a police ofÏcer's uniform button being torn. Consequently, an FIR was lodged against the applicants and other accused individuals. 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 no criminal antecedents. He further submits that other co-accused person, namely, Tejram @ Tijuram Sahu, vide order dated 13.01.2025 in MCRC No. 254 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, Tejram @ Tijuram Sahu, vide order dated 13.01.2025 in MCRC No. 254 of 2025, has already 3 been 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 22.11.2024 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 – Dharamraj @ Dharam and Krishikant @ Golu , involved in Crime No. 203/2024 registered at Police Station Bhakara, District Dhamtari (C.G.), for the offences punishable under Sections 191(2), 221, 132, 324(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 of the Prevention of Damage to Public Property Act, 1984, be released on bail on their 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. 4 (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 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.17 11:15:02 +0530