1 2025:CGHC:43695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6805 of 2025 • Naresh Chouhan S/o. Ramlal Chouhan, Aged About 39 Years R/o. - Village Aamadol, Police Station And Tahsil - Kharsiya And District - Raigarh (C.G.) ... Applicants versus • State of Chhattisgarh Through - S.H.O. Of The Police Station - Dharamjaigarh And District - Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Abhishek Saraf, Advocate For Respondent/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 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.98/2025 registered at Police Station - Dharamjaigarh, District-Raigarh (C.G.), for the offence punishable under Sections 105, 303(1), 62, 238, 3(5) of the BNS, 2023. 2. Case of the prosecution, in brief, is that Security guard Ramlal, Lineman Vijapal, Alongwith Amit Mahant lodged Merg Intimation at Police Station Dharamjaigarh, that, on 27-03-2025 Lineman Amit VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.29 17:31:35 +0530 2 Mahant informed that, one abandoned dead body found beside Railway line pole Dharamjaigarh, seems that, he died due to come in touch with high tension electricity wire, during investigation it was found that, on 26-03-2025 deceased Dinesh Sahu alongwith his friends Naresh Chouhan, Manoj Kumar Sarthi, Naresh Sahu. Chandan Kumar Sarthi and Pramod Sahu and applicant involved in theft of High Tension Electricity Wire and deceased was the only electrician in the group therefore he was with the help of others tried to cut the wire and died on the spot and thereby committed the offences, on the basis of such investigation offences under sections 105, 303(1), 62, 238, 3(5) of the Bhartiya Nyay Sanhita 2023 were registered against applicant and others and arrested on 17-04-2025 and charge sheet has been filed in the case. 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 co-accused namely Manoj Sahu and Pramod Sahu have already been granted regular bail by this Court in MCRC No.6000 of 2025 and MCRC No.6236 of 2025 vide its common order 07.08.2025 applicant is in jail since 17.04.2025 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 no 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. 3 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 Manoj Sahu and Pramod Sahu have already been granted regular bail by this Court in MCRC No.6000 of 2025 and MCRC No.6236 of 2025 vide its common order 07.08.2025, applicant is in jail since 17.04.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail only on the ground of parity. 7. Let the applicant –Naresh Chouhan, involved in Crime No.98/2025 registered at Police Station - Dharamjaigarh, District-Raigarh (C.G.), for the offence punishable under Sections 105, 303(1), 62, 238, 3(5) of the 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, 4 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali