1 2025:CGHC:48056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7531 of 2025 Sonu Shukla S/o Late Ramashankar Aged About 36 Years R/o Khorkhosa, Police Station Bhanpuri, District Bastar C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Bharanda, District Narayanpur C.G. ... Respondent(s) For Applicant(s) : Mr. Sushil Dubey, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.4/2025, registered at Police Station Bharanda, District Narayanpur (C.G.) for the offences punishable under Sections 191(2), 191(3), 190, 331(4), 331(6), 296, 351(3), 109 of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 BNS, 2013. 2. The case of the prosecution, in brief, is that, the complainant lodged FIR against the present applicant as well as the co- accused thereby alleging that on 30.04.2025 the complainant along with his friends had gone to Dhaba in Narayanpur to have dinner where a dispute took place between the complainant and the owner of the dhaba namely the co-accused Deepak Gandhi over serving of salad. Later the co-accused Deepak along with the other co-accused including the present applicant who is driver of accused Manish Sori went to the house of the complainant at around 2:30 am and destroyed his motorcycle and entered the house of the complainant and hit him with wooden sticks and hands and fists. After which the FIR was registered against the applicants and co-accused persons on the basis of written complaint of the Complainant Yashwant Nag. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Further, co-accused, namely, Manish Shori, Nishant Singh and Deepak Gandhi have already been granted regular bail by this Court in MCRC No.4193/2025 and MCRC No. 4381/2025 vide order dated 13.08.2025 and co- accused, namely, Tileshwar Deshmukh, Dheeraj Verma and Kunal Uikey have already been granted anticipatory bail by this Court in MCRCA No. 1253/2025 vide order dated 18.08.2025, copies of which are annexed in this bail application and the case of the 3 present applicant is identical to that of the co-accused persons. So far as criminal antecedents of the applicant is concerned, applicant has no previous criminal antecedent registered against him. He is languishing in jail since 17.07.2025, though the charge- sheet has been filed, the conclusion of the trial is likely to take some time, 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 counsel for the State opposes the bail application of the applicant but could not dispute that the fact that co-accused persons have already been granted regular as well as anticipatory bail by this Court and the case of the present applicant is identical to that of the co-accused. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Manish Shori, Nishant Singh and Deepak Gandhi have already been granted regular bail by this Court in MCRC No.4193/2025 and MCRC No. 4381/2025 vide order dated 13.08.2025 and co-accused, namely, Tileshwar Deshmukh, Dheeraj Verma and Kunal Uikey have already been granted anticipatory bail by this Court in MCRCA No. 1253/2025 vide order dated 18.08.2025 and the case of the present applicant is identical to that of the co-accused persons, charge-sheet has already been filed and he is languishing in jail since 17.07.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the present applicant is entitled to be 4 released on bail in this case on the ground of parity. 6. 6. Let applicant, Sonu Shukla, involved in Crime No.4/2025, registered at Police Station Bharanda, District Narayanpur (C.G.) for the offences punishable under Sections 191(2), 191(3), 190, 331(4), 331(6), 296, 351(3), 109 of BNS, 2013, 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 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. 5 (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. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal