1 2025:CGHC:43667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5921 of 2025 1. Bharat Yadav S/o Jhumuk Lal Yadav Aged About 24 Years R/o- Bazar Para Kota, P.S.- Kota, District-Bilaspur (C.G.) 2. Shayam Lal Dhruv S/o Hiralal Aged About 27 Years R/o- Boir Kholi, P.S.- Kota, District- Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House Officer Kota, District- Bilaspur (C.G.) ... Non-applicant For Applicants : Dr. Arpit Lall, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 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. 280/2025 registered at Police Station Kota, District Bilaspur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 309(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 04.04.2025, the complainant, Ritu Kumar Kewat, lodged an oral report at Police Station Kota against ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.29 11:27:56 +0530 2 the applicants, alleging that on the same day at around 01:00 p.m., he was traveling from Bilaspur to his home at Shivtarai on his motorcycle along with Bharti Kewat. When he reached near Kori Dam, he stopped his motorcycle to urinate. At that time, three masked men approached the motorcycle and demanded their Aadhaar cards. Upon showing the Aadhaar card, they asked him to uncover his face. Thereafter, two of the masked men abused his mother and sister, and also slapped him, causing pain in his cheeks, while Bharti suffered pain in her back. It is further alleged that the accused looted two mobile phones and Rs. 1,500/- kept in a bag. They also assaulted him, threatened to kill him, and fled from the spot. Subsequently, a Forest Guard, on hearing the complainant’s call, arrived and apprehended one of the boys, who disclosed his name as Shyam Lal Dhruv. During the course of investigation, Manish Jangde was arrested, and in his statement, he admitted to having committed the crime along with his companions Bharat Yadav and Shyam Lal Dhruv. 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, Manish Kumar Jangde, vide order dated 11.07.2025 in MCRC No. 4339 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. 3 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 and the fact that the present applicants have no criminal antecedents, moreover, the fact that that the co-accused person, namely, Manish Kumar Jangde, vide order dated 11.07.2025 in MCRC No. 4339 of 2025, has already 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 20.06.2025 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 – Bharat Yadav and Shayam Lal Dhruv, involved in Crime No. 280/2025 registered at Police Station Kota, District Bilaspur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 309(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 sufficient 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 sufficient 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. 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 Abhishek