1 2025:CGHC:6072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 934 of 2025 • Kailash Sharma S/o Ramu Sharma Aged About 23 Years R/o Gandhi Nagar Ratanpur, Police Station- Ratanpur, District- Bilaspur (Chhattisgarh). ... Applicant. versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Ratanpur, District- Bilaspur, Chhattisgarh. ... State/Respondent(s) For Applicant : Shri Dharmesh Shrivastava, Advocate. For State : Shri UKS Chandel, Deputy AG. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2025 1. This is the Second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 565/2024 registered at AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.02.04 16:10:53 +0530 2 Police Station Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Sections 191(2), 191(3), 126(2), 221, 121(1), 132 of Bhartiya Nyaya Sanhita, 2023, Section 3 of Prevention of Damages to Public Property Act, 1984 and Section 15 of Chhattisgarh Kolahal Niyantran Adhiniyam, 1985. 2. The First Bail application of the present applicant was rejected on merits vide order dated 19.09.2024 passed in MCRC No.6524 of 2024. 3. Case of the prosecution, in brief, is that the complainant namely- Krishna Binjhwar, Constable No. 878 along with Ghanshyam Rathore, Constable No. 755 were on patrolling duty from 26.08.2024 at about 9.00 pm night to 27.08.2024 at about 9.00 am morning. It is alleged that they received a complaint regarding some difficulties/problems due to loud voice of DJ by Gandhi Nagar Committee. They reached near the spot at about 10.45 PM and found that some persons of Ajad Yuva Samiti, Gandhi Nagar, Ratanpur were dancing on the loud sound of DJ who were told to turn the sound of DJ down but the President of the committee Atim Netam along with his friend including the present applicant started quarrelling in furtherance of their common intention, abused the complainant and his companion in filthy languages and told that they don't require any permission to play DJ and thereafter started their dance on loud sound and also started quarrel by pelting stones on the Government vehicle. Thereafter, the complainant and his companion were also assaulted by the 3 accused persons including the present applicant by hands, legs and fists due to which they received injuries and there were many scratches on the vehicle and backlight of the vehicle was damaged. It is further alleged that on mobile information, the Station House Officer along with Sub-Inspector and constable came there and then the present applicant along with other co- accused persons escaped from there. On the basis of report lodged by the complainant, aforesaid offence was registered. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. He submits injury of the complainant is simple in nature which was caused by hands and fists by co-accused persons and present applicant was not present in the spot. He also submits that charge sheet has been filed in this case and trial is likely to take some time for its conclusion. He further submits that co-accused persons namely Shubham Singh Rajput, Amit Netam and Aditya Soni have already been enlarged on bail by this Court vide order dated 14.01.2025 passed MCRC No.292 of 2025 and MCRC No.294 of 2025, respectively and case of present applicant is similar to that of their. He further submits that present applicant has six criminal antecedents which are pending, five of which are bailable in nature. Considering the backdrop, present applicant may be enlarged on bail. 5. On the other hand, learned State counsel would oppose the bail applicant and would submit that six criminal antecedents are 4 registered against the applicant, however, learned counsel would not dispute the fact that case of present applicant is similar to that of co-accused who have been granted bail. 6. Taking into consideration the facts & circumstances of the case, that the charge-sheet has already been filed and further the fact that co-accused namely Shubham Singh Rajput, Amit Netam and Aditya Soni have already been enlarged on bail by this Court vide order dated 14.01.2025 passed in MCRC No.292 of 2025 and MCRC No.294 of 2025, respectively, therefore, this Court is of the opinion that the present applicant is also entitled to be granted regular bail on the ground of parity. 7. Let the Applicant - Kailash Sharma, involved in Crime No. 565/2024 registered at Police Station Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Sections 191(2), 191(3), 126(2), 221, 121(1), 132 of Bhartiya Nyaya Sanhita, 2023, Section 3 of Prevention of Damages to Public Property Act, 1984 and Section 15 of Chhattisgarh Kolahal Niyantran Adhiniyam, 1985, 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. 5 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Avinash