1 2025:CGHC:50972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8099 of 2025 Shubham Ganguli S/o B. K. Ganguli, Aged About 25 Years, R/o Bhilai Bazar, Thana Hardibazar, District - Korba, C.G. ... Applicant versus State of Chhattisgarh, Through P.S. Hardi Bazar, District - Korba, C.G. ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.10 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 145/2025, registered at Police Station – Hardi Bazar, District - Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that, on 17/08/25 the complainant, namely, Rajendra Prajapati who is the brother of victim namely Roshan Prajapati has lodged FIR against the other co-accused person stating that when his brother was sitting in front PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.14 10:37:31 +0530 2 of his house at that time the co-accused namely Somwar Singh came and started abusing and used filthy language due to which the brother of complainant also used filthy language and after some time the co-accused Somwar Singh and their family members assaulted the brother of complainant with hand and fist and also with stick due to which he received injury on hand and leg. Thereafter, Police has registered FIR against the present applicant and other co-accused person and arrested them on the basis of memorandum of co-accused person the present applicant has been implicated in this case. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the two co-accused persons, namely, Somwar Singh Dev and Prithvi Singh Dev, who were named in the FIR, have already been granted bail by this Court vide order dated 25.09.2025 passed in MCRC No. 7298/2025. As far as the applicant is concerned, he was not named in the FIR. He also submitted that the applicant has one previous criminal antecedent under the Excise Act which is pending, the charge-sheet has been filed in this case and the applicant is in jail since 23.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court. She further submits that the applicant has one previous criminal 3 antecedent under the Excise Act, hence, he is not entitled to the grant of bail. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the two co-accused persons, namely, Somwar Singh Dev and Prithvi Singh Dev, who were named in the FIR, have already been granted bail by this Court vide order dated 25.09.2025 passed in MCRC No. 7298/2025 and so far as the applicant is concerned, he was not named in the FIR, further the applicant has one previous criminal antecedent under the Excise Act which is pending, the charge-sheet has been filed in this case and the applicant is in jail since 23.08.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let applicant - Shubham Ganguli, respectively involved in Crime No. 145/2025, registered at Police Station – Hardi Bazar, District - Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 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 her presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 5 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 Preeti