1 2025:CGHC:2795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 420 of 2025 Somraj Singh S/o Shri Mangal Singh Aged About 32 Years Resident Of Jandial Guru Patwar Khana, District Amritsar, Punjab Presently Residing At Ahead Of Hatkachora Chowk, Jagdalpur, Bastar Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Parpa (Frezarpur) District Bastar, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Manish Nigam, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Deputy G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16/01/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 102/2024, registered at Police Station – Parpa (Frezarpur) District- Bastar, (C.G.) for the offence punishable under Sections 454, 380 and 34 of the Indian Penal Code. 2. The case of the prosecution, in brief, is that the informant, Anil Baghel, lodged a written report on 19.06.2024, stating that on 17.06.2024, some unknown person committed theft at his home RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.17 20:11:55 +0530 2 and stolen Rs. 1,00,000/- from the almirah. Based on this information, FIR No. 102/2024 was registered, and the applicant was subsequently arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submitted that the entire prosecution story is false and concocted, there is no evidence on record to suggest that the applicant is involved in the aforementioned crime, only on the memorandum of the co-accused Somraj Singh the applicant has been implicated in series of offence and arrested.. He later submitted that in the present case, co-accused person, namely, Mangal Singh @ Manga has already been granted bail by this Court vide order dated 06.01.2025 passed in MCRC No. 9104/2024. He further submits that the charge-sheet has been filed and the applicant is in jail since 08.07.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of 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 been filed before the competent Court in the present application and he has 02 previous criminal antecedents. He further submits that the present applicant has stolen Rs. 1,00,000/- from the almirah, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the present applicant has 02 previous criminal antecedents, but the charge-sheet has been filed and he is in jail since 08.07.2024 and conclusion of the trial is likely to take some time, further the co-accused person, namely, Mangal Singh @ Manga has already been granted bail by this Court vide order dated 06.01.2025 passed in MCRC No. 9104/2024, therefore, I am inclined to allow this application on the ground of parity. 7. Accordingly, the bail application is allowed. Let the applicant - Somraj Singh, involved in Crime No. 102/2024, registered at Police Station – Parpa (Frezarpur) District- Bastar, (C.G.) for the offence punishable under Sections 454, 380 and 34 of the Indian Penal Code, 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 4 proceed against his 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 his, 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 his 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 Rahul Dewangan