1 2025:CGHC:44995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7034 of 2025 Sharad Khunte S/o Heera Lal Khunte Aged About 27 Years R/o Bhatanpali, Raigarh, Tahsil And District Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Jutmil, District : Raigarh, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Akhtar Hussain, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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. 188/2025 registered at Police Station Jutmil, District : Raigarh (C.G.) for the offence punishable under Sections 196(1), 196(2), 299, 302, 296, 351(3), 324(5), 191(1), 191(2) and 192 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the prosecution story in a nutshell is that on 28.05.2025, the complainant, Jhasketan Dehri, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 lodged a complaint at Police Station Jutmil, District Raigarh (C.G.), alleging that the accused persons demolished the Bajrang Bali Temple, insulted Hindu deities, used abusive language, and harassed members of the Hindu community. It is further alleged that the accused persons were pressuring the villagers to convert to Christianity. Based on these allegations, the accused persons were arrested and a case was registered for the alleged offences. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that five of the the identically situated co- accused persons, namely, Md. Mustak, Suraj Sarthi, Nirmal Sarthi, Heerachand Sarthi and Bhogilal Sarthi have already been granted regular bail by this Court vide common order dated 13.08.2025 in MCRC No.4932 of 2025. The applicant is in jail since 28.05.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant along with other co-accused persons, were involved in the demolition of a Bajrang Bali Temple, insulted Hindu deities, used abusive and offensive language, and harassed members of the Hindu community. It is further alleged that the applicant and others attempted to pressure villagers to convert to Christianity, therefore, he is not entitled for grant of bail. 3 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 offence, period of detention of the applicant since 28.05.2025, the fact that though the applicant along with other co- accused persons, were involved in the demolition of a Bajrang Bali Temple, insulted Hindu deities, used abusive and offensive language, and harassed members of the Hindu community and attempted to pressure villagers to convert to Christianity, but considering the fact that five of the co-accused persons, namely, Md. Mustak, Suraj Sarthi, Nirmal Sarthi, Heerachand Sarthi and Bhogilal Sarthi have already been granted regular bail by this Court vide common order dated 13.08.2025 in MCRC No.4932 of 2025 and the case of present applicant is identical to that of the aforementioned co-accused persons, further the applicant has no criminal antecedent and charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sharad Khunte, involved in Crime No. 188/2025 registered at Police Station Jutmil, District : Raigarh (C.G.) for the offence punishable under Sections 196(1), 196(2), 299, 302, 296, 351(3), 324(5), 191(1), 191(2) and 192 of Bharatiya Nyaya Sanhita, be released on bail on his 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 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil