1 2025:CGHC:44303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6873 of 2025 Bhishma Sagar S/o Budu Sagar Aged About 25 Years R/o House No. 16, E- Block, Rajeev Awas, P.S. Golbazar, District Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gole Bazar, Raipur District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Dashrath Kushwaha, Advocate on behalf of Mr. Pushpendra Patel, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2025 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. 78/2025 registered at Police Station Gole Bazar, Raipur, (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 119(1), 324(4,5), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, the complainant lodged a complaint at the concerned police station alleging, inter alia, that on the date of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.02 11:29:52 +0530 2 incident at about 9:30 p.m., a dispute arose between the parties regarding a demand for liquor money, and thereafter the accused persons assaulted the complainant while using filthy language. As a result, the complainant sustained simple injuries on his body. Based on the said complaint, the concerned police registered a case against the applicant and other accused persons for the offences under Sections 296, 115(2), 351(2), 119(1), 324(4)(5), and 3(5) of the B.N.S., 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicant has 04 criminal antecedents, 03 cases are under the IPC and 01 case is under the Excise Act, and the same have already been explained in the present bail application. He further submits that other co-accused person, namely, N. Purushottam @ Kartik has already been granted regular bail by this Court in MCRC No. 5973 of 2025 vide order dated 30.07.2025, 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 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 further the fact that the other co-accused person, namely, N. Purushottam @ Kartik has already been granted regular bail by this Court in MCRC No. 5973 of 2025 vide order dated 30.07.2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the conclusion of the 3 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 – Bhishma Sagar, involved in Crime No. 78/2025 registered at Police Station Gole Bazar, Raipur, (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 119(1), 324(4,5), 3(5) 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 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 4 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