1 2025:CGHC:55220 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8103 of 2025 Banti Singh S/o Subhash Singh Aged About 42 Years R/o Of Labour Colony, Jutmil Raigarh, Tahsil And District- Raigarh Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Through- The Station House Officer, Police Station, Jutmil, District- Raigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Jitendra Shukla, Adovcate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 12/11/2025 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. 244/2025 registered at Police Station – Jutmil, District – Raigarh (C.G.), for the offence punishable under Sections 126 (2), 296, 115 (2), 117 (2), 119 (1), 351 (3), 309 (6), 310 (2), 191 (2) & 190 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, on 12- 07-2025, the complainant was returning from Hirapur with his friend Heeranand Yadav and Virandra Sidar in their motorcycle and when they reached at Dental Hispital at about 7.30 PM, one scooty coming from infront side and collided with the motorcycle of the 2 present applicant, due to which one Deepak Singh and along with his friends abused filthy languages to the complainant and when they opposed the same, the present applicant and other accused persons namely Banti Singh, Bulet @ Krishna Singh, Satyendra Singh, Deepak Singh and Karan Singh and other accused persons have demanded money and when he denied, the present applicant, the accused persons have robbed Rs.5,000/- from the pocket of the complainant, therefore the crime as mentioned have has been registered and the applicants were arrested on 13.07.2025. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He submits that there is no evidence available against the applicant in the charge-sheet. He further submits that, against the bail rejection order, the identically situated co-accused, namely, Karan Chauhan and Akash Singh preferred regular bail applications bearing M.Cr.C. No. 5884 of 2025 and M.Cr.C. No. 7258 of 2025 and other connected matters before this Court, in which the the co-accused Karan Chauhan and Akash Singh 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 which is evident from the medical report as also Rs. 5,000/- has been recovered from the joint possession of the present applicant and other co-accused persons. 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, Karan Chauhan and Akash Singh preferred 3 bail applications bearing M.Cr.C. No. 5884 of 2025 and M.Cr.C. No. 7258 of 2025 before this Court, in which the the co-accused Karan Chauhan and Akash Singh have been granted the benefit of regular bail vide order dated 19.09.2025, as such, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. 7. Let the Applicant – Banti Singh, involved in Crime No. 244/2025 registered at Police Station – Jutmil, District – Raigarh (C.G.), for the offence punishable under Sections 126 (2), 296, 115 (2), 117 (2), 119 (1), 351 (3), 309 (6), 310 (2), 191 (2) & 190 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. 4 (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 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