1 2025:CGHC:41604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6463 of 2025 • Firu Yadav S/o Shri Sukhlal Yadav Aged About 26 Years R/o Village - Katgi, Thana - Kasdol, Distt. - Balodabazar - Bhatapara (C.G.) ... Applicant versus • The State Of Chhattisgarh Through The Station House Officer, Police Station - Kasdol, Distt. - Balodabazar-Bhatapara (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sumit Shrivastava, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025 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. 222/2025 registered at Police Station - Kasdol, District-Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 296, 115(2), 351(3), 333, 108, 190, 191(2) of BNS 2023. 2. Case of the prosecution, in brief, is that the complainant Kusum Sahu W/o. Shri Kaushal Prasad, R/o. Village Katagi lodged the written report with the averment that on 31.03.2025 at about 3.30 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.19 17:48:23 +0530 2 Pm Vimal Dewangan, Pankaj Dewangan, Sukhram Dewangan entered in her house and abuses her father-in-law, beaten by hand and fist so the Chandrika Sahu has consume the poison therefore the accused persons run away injured was taken to CHC Kasdol where during treatment he died therefore, the offences mentioned above were registered co-accused and applicant was arrested and after completion of the investigation charge-sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is Innocent and has falsely been implicated in the crime in question. The applicant further submits that his name is not mentioned in the FIR. He further submits that co-accused namely Pankaj Dewangan has already been granted regular bail by this Court in MCRC No.6211 of 2025 vide order dated 07.08.2025. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has three criminal antecedents, looking to the gravity of offence, 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, further considering the fact that co-accused namely Pankaj Dewangan has already been granted regular bail by this Court in MCRC No.6211 of 2025 vide order dated 07.08.2025, he is in jail since 01.04.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the 3 view that the applicant is entitled to be released on bail only on the ground of parity. 7. Let the applicant – Firu Yadav, involved in Crime No.222/2025 registered at Police Station - Kasdol, District-Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 296, 115(2), 351(3), 333, 108, 190, 191(2) of BNS 2023, be released on bail on their furnishing a 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 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. 4 (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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali