1 2025:CGHC:112 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8911 of 2024 1 - Deepak Thakur @ Sonu Thakur S/o Prahlad Thakur, Aged About 26 Years R/o Soniyanagar, Raigar, Tehsil And District - Raigarh, Chhattisgarh. 2 - Abhishek Thakur, S/o Prahlad Thakur, Aged About 23 Years R/o Soniyanagar, Raigar, Tehsil And District - Raigarh, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through In-Charge of, Police Station - City Kotwali, Raigarh, District Raigarh, Chhattisgarh. ... Non-Applicant For Applicants : Mr. Sanjay Pathak, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 366/2024, registered at Police Station - City Kotwali, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 25(1)(1B)(B), 27 of the Arms Act and under Sections 147, 148, 149 of the Indian Penal Code. (For short IPC) 2 2. The case of the prosecution, in brief, is that on 14.06.2024, near Natwar School, Raigarh, the applicants, along with other co- accused, namely Aditya Shukla, Aditya Shriwas, Abhishek Thakur, Deepak Singh, Bhowmik Chauhan, and the present accused, were seen in a public place wielding swords and hockey sticks and swinging them in the air. On 15.06.2024, the police, after receiving a video from social media, registered an FIR against the co- accused, namely Chahat Shukla, Raju Shriwas, Abhishek Thakur, Sonu Thakur, and other co-accused persons. Based on the report, the concerned police registered an FIR under Sections 25(1)(1B) (B), 27 of the Arms Act and under Sections 147, 148, 149 of the Indian Penal Code against the applicant. 3. Learned counsel for the applicants submits that they are innocent and have been falsely implicated in this case. He submits that the applicant No.1 has 11 criminal antecedents out of which he has been acquitted in 05 cases and in 02 cases enlarged on bail and remaining 04 criminal cases are pending and applicant No.2 has 02 criminal antecedents of the years 2022 and 2023 under the IPC in which he has enlarged on bail. He further submits that other co- accused person, namely, Karan Chauhan in MCRC No. 7488/2024, vide order dated 08.11.2024, has already been granted regular bail by this Court. Therefore, he submits that the present applicants are also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposed the bail application of the present applicants and submits that the applicants, along with other co-accused persons were seen in a 3 public place wielding swords and hockey sticks and swinging them in the air and the charge-sheet has been submitted before the competent Court. She submits that the applicant No.1 has 11 criminal antecedents out of which he has been acquitted in 05 cases and in 02 cases enlarged on bail and remaining 04 criminal cases are pending and applicant No.2 has 02 criminal antecedents of the years 2022 and 2023 under the IPC in which he has enlarged on bail which shows that the applicants are habitual offender, therefore, they are not entitled for grant of regular bail. 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 that the applicant No.1 has 11 criminal antecedents out of which he has been acquitted in 05 cases and in 02 cases enlarged on bail and remaining 04 criminal cases are pending and applicant No.2 has 02 criminal antecedents of the years 2022 and 2023 under the IPC in which he has enlarged on bail and further the fact that co- accused person, namely, Karan Chauhan in MCRC No. 7488/2024, vide order dated 08.11.2024 has already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and they have been in jail since 15.06.2024 and the conclusion of the trial may takes some more time. Therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case on the ground of parity. 4 7. Let the Applicants – Deepak Thakur @ Sonu Thakur and Abhishek Thakur, involved in Crime No. 366/2024, registered at Police Station - City Kotwali, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 25(1)(1B)(B), 27 of the Arms Act and under Sections 147, 148, 149 of the Indian Penal Code, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the 5 Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. 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 Rahul Dewangan