1 2025:CGHC:36095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5832 of 2025 Gurpreet Singh @ Rounak S/o Swarn Singh Aged About 28 Years R/o Himalya Heights P.S. Rajendra Nagar, Raipur District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Kondagaon District - Kondagaon (C.G.) ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For Non-applicant/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/07/2025 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 applicant who has been arrested in connection with Crime No. 118/2025 registered at Police Station- Kondagaon District - Kondagaon (C.G.) for the offence under Sections 309(4), 127(2), 332(c), 61(1)(b), 204, 310(2) and 332(b) of Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Smt. Tuleshwari Manikpuri, lodged a written report at Police Station RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Kondagaon, alleging that the present applicant, along with other co- accused persons, wrongfully detained her husband in an Innova car and subsequently came near her shop in the said vehicle. It is further alleged that the accused persons forcibly entered the shop and looted an amount of ₹5,00,000/- from the almirah. Based on this complaint, the police registered an FIR and initiated investigation, during which the present applicant was arrested. After completion of investigation, a charge-sheet has been filed before the competent court of law. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that the police have seized the amount of Rs. 80,000/- from the applicant which is own money. He further submits that in the present case, co-accused persons, namely, Prabhdeep Singh, Priyank Sharma and Surendra Kumar Kurrey have already been granted bail by this Court vide order dated 16.07.2025 passed in MCRC Nos. 4907/2025, 4917/2025 and 4716 respectively. He also submits that the charge-sheet has been filed and the applicant is in jail since 26.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of 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 filed in the present case before the competent Court. He further submits that the present applicant 3 along with other co-accused persons forcibly entered the shop and looted an amount of ₹5,00,000/- from the almirah, therefore, the present 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 allegation levelled against the applicant and the fact that other co-accused persons, namely, Prabhdeep Singh, Priyank Sharma and Surendra Kumar Kurrey have already been granted bail by this Court vide order dated 16.07.2025 passed in MCRC Nos. 4907/2025, 4917/2025 and 4716 respectively and the charge-sheet has been filed and the applicant is in jail since 26.03.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to allow this application on the ground of parity. 7. Let the Applicant – Gurpreet Singh @ Rounak involved in Crime No. 118/2025 registered at Police Station- Kondagaon District - Kondagaon (C.G.) for the offence under Sections 309(4), 127(2), 332(c), 61(1)(b), 204, 310(2) and 332(b) of Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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. 8. Office 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 Rahul Dewangan