1 2025:CGHC:54380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8888 of 2025 1. Jaiprakash Shriwas S/o Shyam Snehi Shriwas Aged About 24 Years R/o Village Mahuda, Champa, District Janjgir-Champa C.G. 2. Kamlesh Shriwas S/o Parag Shriwas Aged About 28 Years R/o Village- Darri,chhinpur, P.S. Hardibazar, District Korba C.G. ... Applicants versus State of Chhattisgarh Through Station House O3cer, P.S. Hardibazar, District Korba C.G. ... Non-applicant For Applicants : Ms. Madhunisha Singh, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.11.2025 1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 160/2025 registered at Police Station Hardibazar, District Korba (C.G.), for the o>ences punishable under Sections 115(2), 296, 351(3), 118(2), 3(5) and Section 191(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, on 01.09.2025 at about 5:00 PM, complainant Shyam Prasad Bhardwaj, a resident of Village Andi Kachar, P.S. Hardibazar, District Korba, was near the village pond when the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.07 17:02:09 +0530 2 applicants, along with three other co-accused persons, obstructed his way while he was proceeding for Ganesh Visarjan preparations. When he asked them to give way, they allegedly abused the complainant in 8lthy language, threatened to kill him, and assaulted him and Aniket Bhardwaj with 8sts and blows. On receiving the information, the complainant’s father, Brijram Bhardwaj, who is physically weak and walks with the help of a stick, reached the spot. The accused persons again abused and assaulted him. Accused Jagdish Srivas allegedly snatched his wooden stick and struck him on the head repeatedly. During the investigation, the wooden stick was seized, and su3cient evidence was found. Accordingly, o>ences under Sections 118(2), 191(2), 296, 3(5), 115(2), and 351(3) of the Bharatiya Nyaya Sanhita (BNS) were registered. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He submits that the applicants have no criminal antecedents. He further submits that other co-accused person, namely, Surendra Shriwas, vide order dated 06.07.2025 in MCRC No. 8809 of 2025, 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 opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted in the present case. 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 and the fact that the present applicants have no criminal antecedents, 3 moreover, the fact that that the co-accused person, namely, Surendra Shriwas, vide order dated 06.07.2025 in MCRC No. 8809 of 2025, 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 are in jail since 03.10.2025 and the conclusion of the trial may take 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. 7. Let the Applicants – Jaiprakash Shriwas and Kamlesh Shriwas, involved in Crime No. 160/2025 registered at Police Station Hardibazar, District Korba (C.G.), for the o>ences punishable under Sections 115(2), 296, 351(3), 118(2), 3(5) and Section 191(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their 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 8le an undertaking to the e>ect that they shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through their counsel. In case of their absence, without su3cient 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 4 under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date 8xed 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 applicants shall remain present, in person, before the trial court on the dates 8xed 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 su3cient 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. O3ce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek