1 2025:CGHC:55599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9181 of 2025 Mohammad Hussain S/o Mohammad Abdul Aged About 24 Years R/o Near Mazjid, Chunnabhatti, Ps Ganj, Raipur Distt Raipur (C.G.) (Correct Particulars Of Applicant) ... Applicant Versus State Of Chhattisgarh Through P.S Government Railway Police (Grp), Raipur Distt. Raipur (C.G.) ... Non-applicant For Applicant : Mr. Akash Kumar Kundu, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 14/11/2025 1. This is the first 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. 71/2025 registered at Police Station – Government Railway Police (GRP), District – Raipur (C.G.), for the offence punishable under Sections 296, 118 (2), 351 (3), 309 (6) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant, Ravi Ahuja who runs parking stand at Railway Station, Raipur asked the applicant to shift his shop which was near to the parking stand over which, the applicant and others started assaulting the complainant along with his friend Manish Gajbhiye. In the incident Manish Gajbhiye used a sharp Knife and caused grievous injury to 2 the comaplainant and the accused persons also robbed money amounting to Rs.10000/- (Ten Thousands). Based on the complaint, aforementioned offences were registered and the applicant was arrested on 27.06.2025. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that, against the bail rejection order, the identically situated co-accused, namely, Pappu Sahu preferred regular bail application bearing M.Cr.C. No. 8068 of 2025 before this Court, in which the the co-accused Pappu Sahu has been granted the benefit of regular bail. Hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, she submits that there specific allegations against the applicant of commission of offence of assault upon the complainant by means of knife, hands and fists and in the bail application also, it is stated by the applicant that he is having 12 criminal antecedents against him and thus, he is a habitual offender. Therefore, he may not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that co-accused, namely, Pappu Sahu preferred bail application bearing M.Cr.C. No. 8068 of 2025 before this Court, in which the the co- accused Pappu Sahu has been granted the benefit of regular bail bail, as such, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Mohammad Hussain, involved in Crime No. 71/2025 registered at Police Station – Government Railway Police (GRP), District – 3 Raipur (C.G.), for the offence punishable under Sections 296, 118 (2), 351 (3), 309 (6) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 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 them, 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 them 4 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY