1 2025:CGHC:4034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 624 of 2025 Manish Kamti @ Munne S/o Bharat Kamti Aged About 20 Years R/o Ganesh Nagar Nayapara, P.S. Torwa, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Torwa, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.01.2025 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. 389/2024 registered at Police Station Torwa, District Bilasur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 3, 5, 118(1) of the Bhartiya Nyaya Sanhita, and Section 25 of the Arms Act. 2. According to the prosecution's case, on October 12, 2024, Suneeta ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.23 17:47:52 +0530 2 Chauhan reported an incident against the present applicant. She stated that the previous night, while she was sleeping, her son Rahul Chauhan returned home injured. After inquiring, she discovered that the main accused, Abhay Chhapel, accompanied by a friend, had invited Rahul to visit a Durga Pooja celebration. While returning home near the Bajrang Bali Mandir, Abhay Chhapel and his friend allegedly abused, assaulted, and threatened Rahul, saying they would kill him. Consequently, a crime was registered against the present applicant, who was arrested on October 12, 2024. A charge sheet was subsequently filed in the competent Court of law. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicant has no criminal antecedents. He further submits that other co-accused person, namely, Rijwan Khan in MCRC No. 8146 of 2024 vide order dated 20.12.2024 has already been granted regular bail by this Court. Therefore, he submits that the present applicant is 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 applicant 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 3 that the present applicant has no criminal antecedents and further the other co-accused person, namely, Rijwan Khan in MCRC No. 8146 of 2024 vide order dated 20.12.2024 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 the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Manish Kamti @ Munne, involved in Crime No. 389/2024 registered at Police Station Torwa, District Bilasur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 3, 5, 118(1) of the Bhartiya Nyaya Sanhita, and Section 25 of the Arms Act, be released on bail on his 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 sufÏcient cause, the trial court may proceed against him under 4 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 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 Abhishek