1 2025:CGHC:53901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8783 of 2025 1 - Naresh Kurrey S/o Late Dilip Kurrey Aged About 21 Years R/o Village Kurud, Nagar Palika Mandir Hasaud, District - Raipur Chhattisgarh 2 - Hemant Bharti @ Paka S/o Late Keshar Bharti Aged About 22 Years R/o Village Kurud, Nagar Palika Mandir Hasaud, District - Raipur Chhattisgarh 3 - Durgesh Tandon S/o Ramnarayan Tandon , Aged About 22 Years R/o Village Kurud, Nagar Palika Mandir Hasaud, District - Raipur Chhattisgarh 4 - Lokesh Tandon @ Bondu, S/o Ramnarayan Tandon Aged About 20 Years R/o Village Kurud, Nagar Palika Mandir Hasaud, District - Raipur Chhattisgarh 5 - Ritik Yadav S/o Vinod Yadav Aged About 25 Years R/o Village Kurud, Nagar Palika Mandir Hasaud, District - Raipur Chhattisgarh 6 - Pushpendra Patel @ Pappu S/o Late Ashwani Patel Aged About 20 Years R/o Village Kurud, Nagar Palika Mandir Hasaud, District - Raipur Chhattisgarh ... Applicants versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud, Raipur District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. B.L. Sahu, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.11.2025 1. The applicants have preferred this First Bail Application under VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.07 10:47:11 +0530 2 Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.360/2025, registered at Police Station – Mandir Hasaud District – Raipur (C.G.) for the offence punishable under Sections 191(1), 191(2), 296, 115(2), 351(2), 109, 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant has made written complaint before the concerned police station that on the date of incident there was dispute in between parties regarding Matka Fod during Janmashtmi Festival and such parties have registered FIR against them. Based upon such complaint of the complainant aforesaid offences have been registered against the applicants. Hence, this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicant and four co-accused persons have also been granted bail by this Court in MCRC No.8523 of 2025 and MCRC No. 8525 of 2025 vide order dated 28.10.2025. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 20.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail to the applicants on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicants, four co-accused persons have also been granted bail by this Court in MCRC No.8523 of 2025 and MCRC No. 8525 of 2025 vide order dated 28.10.2025, charge-sheet has been filed against the applicant, the applicant is in jail since 20.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. 7. Let applicants, Naresh Kurrey, Hemant Bharti @ Paka, Durgesh Tandon, Lokesh Tandon @ Bondu, Ritik Yadav and Pushpendra Patel @ Pappu involved in Crime No. 360/2025, registered at Police Station – Mandir Hasaud District – Raipur (C.G.) for the offence punishable under Sections 191(1), 191(2), 296, 115(2), 351(2), 109, 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 4 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 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 sufficient 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. 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 vaishali