1 2025:CGHC:49002 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7724 of 2025 Sanjay Choudhary S/o Late Madan Choudhary Aged About 59 Years R/o House No. 881, Sai Kripa Bhawna Nagar, Police Station Khamhardeeh, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police of Police Station Khamhardeeh, District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Sinha, Senior Advocate assisted by Mr. Anil Gulati, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.09.2025 1. This is the second 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. 150/2025 registered at Police Station Khamhardeeh, District Raipur (C.G.), for the offences punishable under Sections 296, 351(3), 191(3), 190, 333, 109, 324(4) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 7405 of 2025 was dismissed as withdrawn vide order dated 15.09.2025 by this ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.24 17:58:27 +0530 2 Court with the liberty to file a fresh. 3. As per the prosecution case, an FIR was lodged alleging that on 07.07.2025, at around 11:00 PM, the present applicant, Sanjay Choudhari, was disposing of leftover food when the complainant, Rakesh Chand Tiwari, objected, leading to an altercation. The complainant’s son and three of his friends also joined the complainant, and in the meantime, other neighbours, namely Yasin Sheikh and his nephew, came out of their house, resulting in a fight between the two groups. It is further alleged that later on, Yasin Sheikh and others entered the house of the informant and assaulted him, his son, and their friends. Initially, the police registered the offences under Sections 296, 351(2), 191(2), 333 and 109 of the Bhartiya Nyaya Sanhita. 4. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforementioned case. He further submits that this is the second bail application of the applicant, the first bail application was dismissed as withdrawn, with liberty to file a fresh one. He submits that although the FIR names the present applicant as an accused, there is no allegation that he entered the complainant’s house or assaulted him with deadly weapons or otherwise. Even in the statements recorded under Section 180 BNS, the present applicant has neither been named nor attributed any role in entering the house or causing any injury or hurt with the intention to cause death. He also submits that the other co-accused person, namely, Raghav Agrawal, has already been granted regular bail by this Court on 12.09.2025 in MCRC No. 6610 of 2025, therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 5. On the other hand learned State counsel opposes the bail application of 3 the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case as the other co-accused person, namely, Raghav Agrawal, has already been granted regular bail by this Court on 12.09.2025 in MCRC No. 6610 of 2025 and the applicant has been in jail since 08.07.2025, 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. 8. Let the Applicant – Sanjay Choudhary, involved in Crime No. 150/2025 registered at Police Station Khamhardeeh, District Raipur (C.G.), for the offences punishable under Sections 296, 351(3), 191(3), 190, 333, 109, 324(4) 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. 4 (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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek