1 2025:CGHC:50455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7097 of 2025 Dipak Kashyap S/o Har Prasad Kashyap Aged About 19 Years R/o Near Sharda Mandir, Yadav Nagar, Tifra, P.S. Sirgitti, District Bilaspur, C.G. ... Applicant versus State of Chhattisgarh Through District Magistrate, Bilaspur, District Bilaspur, C.G. Through P.S. Sirgitti, District Bilaspur, C.G. ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.10.2025 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. 109/2025 registered at Police Station Sirgitti, District Bilaspur (C.G.), for the offences punishable under Sections 333, 296, 115(2), 351(2), 3(5), 324(4), 326(f) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 07.03.2025, the complainant, namely Smt. Kiran Singh Thakur, lodged a written report against the present applicant and co-accused persons, namely Ritesh Yadav and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Golu Sahu, stating that the applicant and co-accused persons were sitting at the backside of the complainant’s house, smoking and abusing each other. Thereafter, they entered the house of the complainant and assaulted her, due to which the complainant lodged the present report against the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Rakesh @ Golu Sahu and Ritesh Yadav, have already been granted regular bail by this Court on 08.08.2025 in MCRC No. 5394 of 2025, 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 learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court 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 as the other co-accused person, namely, Rakesh @ Golu Sahu and Ritesh Yadav, have already been granted regular bail by this Court on 08.08.2025 in MCRC No. 5394 of 2025 and the applicant has been in jail since 30.07.2025, 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. Let the Applicant – Dipak Kashyap, involved in Crime No. 109/2025 3 registered at Police Station Sirgitti, District Bilaspur (C.G.), for the offences punishable under Sections 333, 296, 115(2), 351(2), 3(5), 324(4), 326(f) 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 sufÏcient 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 4 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is 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 him 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 Kunal