1 2025:CGHC:61853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10426 of 2025 1 - Rahul Gupta @ Pushpraj Gupta S/o Mahesh Gupta, Aged About 20 Years R/o Village Kosa, Police Station Mulmula, District Janjgir Champa (C.G.) 2 - Vishal Sidar @ Pintu S/o Late Shri Kamlesh Sidar, Aged About 20 Years R/o Village Kosa, Police Station Mulmula, District Janjgir Champa (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through District Magistrate District Janjgir Champa (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Sourabh Sahu, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.12.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 317/2025, registered at Police Station – Mulmula, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 115(2), 296, 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.19 16:10:48 +0530 2 2. The case of the prosecution, is that on 03.10.2025 the complainant Aditya Patle lodged a report before the concerned police station that on 02.10.2025 in the night at 11.30 P.M. when he was returning from Shivrinarayan on his Scooty, three people came on a motorcycle and stopped him and thereafter the boy sitting in the middle hit him with rod, due to which he fell on the ground, thereafter all 3 persons abused him and took his scooty and went towards village Kosa, thereafter FIR has been lodged against the applicants, hence this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicants. He also submits that charge-sheet has been filed in this case. The applicant is in jail since 09.10.2025 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 and submits that there is no criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case. It is further submitted that number plate of theft scooty has been seized from the applicant No.1 namely Rahul Gupta, therefore, they are not entitled for 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, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the 3 present applicants, charge-sheet has been filed against the applicant, the applicant is in jail since 09.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. Let applicants, Rahul Gupta @ Pushpraj Gupta and Vishal Sidar @ Pintu involved in Crime No.317/2025, registered at Police Station – Mulmula, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 115(2), 296, 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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. (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 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 4 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. 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 vaishali