1 2025:CGHC:42715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6624 of 2025 Lakshay @ Lakky Patre S/o Prakash Patre, Aged About 19 Years R/o 01/4, B.S.U.P. Colony Arjunveli P.S. Vidhansabha, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O昀케cer, Police Station Vidhansabha, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 1. This is the 昀椀rst bail application 昀椀led 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. 194/2025 registered at Police Station Vidhansabha, District Raipur (C.G.), for the o昀昀ences punishable under Sections 296, 351(2), 115(2), 191(2), 191(3), 118(1), 118(2) of the Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in a nutshell, is that the complainant lodged a complaint at the concerned police station alleging that, at the time of the incident, a simple dispute arose between both parties on account of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.23 14:52:51 +0530 2 previous enmity, and thereafter, the accused persons assaulted the injured person. Based upon such complaint, the police registered an o昀昀ence under Sections 296, 351(2), 115(2), 191(2), 191(3), 118(1), and 118(2) of the Bharatiya Nyaya Sanhita against the accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that the present applicant has no criminal antecedent. He further submits that other co-accused person, namely, Yugraj NayaK has already been granted regular bail by this Court in MCRC No. 4326 of 2025 vide order dated 31.07.2025. 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 charge-sheet has already been submitted in the present case before the competent Court. 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 as the other co-accused person, namely, Yugraj NayaK has already been granted regular bail by this Court in MCRC No. 4326 of 2025 vide order dated 31.07.2025 and the applicant has been in jail since 10.05.2025, 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 – Lakshay @ Lakky Patre, involved in Crime No. 194/2025 registered at Police Station Vidhansabha, District Raipur (C.G.), for the o昀昀ences punishable under Sections 296, 351(2), 115(2), 191(2), 191(3), 118(1), 118(2) of the Bhartiya Nyay Sanhita, 2023, be 3 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 昀椀xed 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 昀椀xed 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 su昀케cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed 4 against him in accordance with law. 8. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek