1 2025:CGHC:60058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10131 of 2025 Krishna @ Golu Gurjar S/o Harendra Gurjar, Aged About 24 Years, R/o Resident Of D.D. Nagar Shatabdipuram P.S. Maharanpura, District- Gwalior, Madhya Pradesh ... Applicant versus State of Chhattisgarh Through- The Station House Officer, Police Station, Basantpur, District- Rajnandgaon, Chhattisgarh, ... Non-Applicant For Applicant : Mr. Animesh Tiwari, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.12 .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 he has been arrested in connection with Crime No. 0257/2025, registered at Police Station – Basantpur, District- Rajnandgaon, (C.G.) for the offence punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2) of Bharatiya Nyaya Sanhit, 2023 and Sections 25 and 27 of Arms Act and Section 21 of Mines and Minerals Development Act. 2. As per the prosecution story, on 11.06.2025 at Village Mohad, Police Station Basantpur, District Rajnandgaon, certain miscreants were found engaged in unlawful excavation and transportation of minerals without any PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.11 11:18:04 +0530 2 valid authority. When the villagers and concerned persons objected to such illegal activity, the accused persons formed an unlawful assembly, assaulted the complainant, and even opened fire with the intention to kill. During the incident, several earth-moving machines, including JCBs and trucks, were found at the spot and were being used in the illegal mining operation. It is alleged that the applicant, along with other co-accused persons, knowingly abetted, conspired, and facilitated the commission of the offences. On this basis, offences under Sections 109(2), 115, 190, 191(2), 191(3), 296, and 351(2) of the Bharatiya Nyaya Sanhita, Sections 25 and 27 of the Arms Act, and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, have been registered against him, and the present applicant was arrested on 12.06.2025. 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 at the relevant time, he was performing his duty as routine Petty contractor, and there is no evidence to suggest any active involvement or intention to commit an offence. He also submits that four co-accused person, namely, Abhinav Tiwari, Bhagvati Nishad, Sanjay Rajak and Atul Singh Tomar have already been granted bail by this Court vide order dated 24.09.2025, 15.10.2025, 18.11.2025 and 24.11.2025 passed in MCRC Nos. 7726/2025, 8235/2025, 9278/2025 and 9452/2025, respectively. He also submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 12.06.2025 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 applicant’s bail application but cannot dispute the fact that the co-accused have already 3 been granted bail by this Court. He further submits that a country-made revolver and a car were recovered from the present applicant, 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 four co-accused person, namely, Abhinav Tiwari, Bhagvati Nishad, Sanjay Rajak and Atul Singh Tomar have already been granted bail by this Court vide order dated 24.09.2025, 15.10.2025, 18.11.2025 and 24.11.2025 passed in MCRC Nos. 7726/2025, 8235/2025, 9278/2025 and 9452/2025, respectively, further the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 12.06.2025, 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. Let applicant - Krishna @ Golu Gurjar, respectively involved in Crime No. 0257/2025, registered at Police Station – Basantpur, District- Rajnandgaon, (C.G.) for the offence punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2) of Bharatiya Nyaya Sanhit, 2023, Sections 25 and 27 of Arms Act and Section 21 of Mines and Minerals Development Act, be released on bail on his furnishing a personal bond with two local 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 she shall not seek any adjournment on the dates 4 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 against her 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