1 2025:CGHC:1467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 122 of 2025 Sumit Kumar Miri S/o Shri Krishna Kumar Miri Aged About 19 Years (Kumari Wrongly Mention In Anne. A/1) R/o Village - Chandaniya, Police Station- Baloda District-Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House OfÏcer, Police Station-Sipat, District-Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 439/2024, registered at Police Station- Sipat, District- Bilaspur (C.G.) for the offence punishable under Sections 309(4), 310(2), 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that, on the date of incident, the applicant along with other accused persons have looted the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 vehicle Pickup No. M.P.-18-ZC-3368 and thereafter trying to used the same for transporting of Sagaun trees. Thereafter, as per complaint made by driver of concern vehicle, F.I.R. has been lodged against the unknown persons and in the meanwhile, the present applicant has also made accused on the basis of memorandum statement of Rishi Patle. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that prima facie no any case has been made out against him. He further submits that during the course of incident no any articles have been seized from possession of the applicant, he only implicate on the basis of memorandum statement of Rishi Patle and the co-accused person Rishi Patle has already been granted bail by this Court in MCRC No. 7554/2024, vide order dated 12.12.2024 and further other co-accused have also been granted bail by this Court. Therefore, he prays for grant of bail to the present applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submission advanced by the learned counsel for the applicant. 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, nature and gravity of allegation levelled against the applicant and the fact that the co-accused person namely, Rishi Patle has already 3 been granted bail by this Court in MCRC No. 7554/2024, vide order dated 12.12.2024 and in the present case, charge-sheet has been filed before the competent Court and he is in jail since 24.09.2024 and the applicant has no criminal antecedent and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant on parity. 7. Let applicant, Sumit Kumar Miri, involved in Crime No. 439/2024, registered at Police Station- Sipat, District- Bilaspur (C.G.) for the offence punishable under Sections 309(4), 310(2), 3(5) of Bhartiya Nyaya Sanhita, 2023, 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 sufÏcient 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 4 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 sufÏcient 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. 8. OfÏce 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 Kunal