1 2025:CGHC:39522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6256 of 2025 Soni @ Srijan Pandey S/o Lt Kanhaiya Lal Aged About 26 Years R/o Kauhakunda Old Ward 27 New Ward 25, District Raigarh (C.G.) (Correctly Mentioned) ... Applicant versus State of Chhattisgarh Through S.H.O. P.S. City Kotwali Raigarh, Tahsil And District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Ankit Singh, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 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 applicant who has been arrested in connection with Crime No. 741/2024 registered at Police Station City Kotwali, District Raigarh (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 109, 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 07.12.2024, the applicant, along with other co-accused persons, assaulted the complainant and his brother using a rod and a club, resulting in injuries to both. Consequently, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.07 20:27:41 +0530 2 the police registered an offence under Sections 296, 351(2), 115(2), 109, 191(2), and 191(3) of the Bhartiya Nyay Sanhita (BNS) against the applicant and the other co-accused. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He submits that the complainant only roped the present applicant into this case because he already knew that the applicant was already on exile by the order passed by the District Magistrate, Raigarh, from 20.05.2024 to 20.05.2025, and has multiple criminal records against him, so he falsely implicated the present applicant in the present case just because of previous enmity. He also submits that the present applicant has six criminal antecedents under the IPC; three cases have been compromised, in one case he has already been acquitted, and the remaining two cases are still pending. Copies of the same have also been annexed with the present bail application. He also submits that other co-accused person, namely, Rajveer Singh in MCRC No. 2258 of 2025 vide order dated 05.05.2025 has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been filed 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 and the fact that the present applicant has six criminal antecedents under the IPC; three cases have been compromised, in one case he has already been acquitted, and the remaining two cases are still pending, copies of 3 the same have also been annexed with the present bail application. Moreover, the other co-accused person, namely, Rajveer Singh in MCRC No. 2258 of 2025 vide order dated 05.05.2025 has already been granted regular bail by this Court, further, the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 02.07.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. 7. Let the Applicant – Soni @ Srijan Pandey, involved in Crime No. 741/2024 registered at Police Station City Kotwali, District Raigarh (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 109, 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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 4 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 Abhishek