1 2025:CGHC:59700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10114 of 2025 Dilip Kumar Dhimar S/o Sudama Dhimar Aged About 38 Years R/o Vill. Maatra, P.S. Nandani Nagar, Dist. Durg C.G. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer (S.H.O.) P.S. Gandai, Dist. K.C.G. (C.G.) ... Non-applicant For Applicant : Ms. Anamika Jain, Advocate. For Non-applicant/State : Mr. Neeraj Sharma, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.12.2025 1. This is the first bail application filed 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. 277/2025 registered at Police Station Gandai, District Khairagarh-Chuikhadan-Gandai, Kanker (C.G.), for the offences punishable under Sections 109, 61(2), 318(4), 338, 336(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 and 4 of the Explosive Substance Act. 2. As per the prosecution, on 15.10.2025, the Inspector of Police, Police Station Gandai, allegedly received information from an informant that a home theatre sound box, received as a parcel at the residence of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.10 11:15:21 +0530 2 Complainant Afsar Khan in Village Manpur, contained suspicious material. Acting on the said information, the police prepared a panchnama and proceeded to the house of the Complainant, where he fully cooperated with the police and, upon being questioned, submitted a written report regarding the suspicious parcel. In the said written complaint, the Complainant categorically stated that two unknown persons had deliberately sent a parcel in his name containing a suspicious substance with the intention of falsely implicating him and causing harm to him and his family. The Complainant specifically stated that he had no knowledge whatsoever about the contents of the parcel. During the investigation, the home theatre sound box was opened, and certain material was seized by the police in the presence of witnesses. The alleged explosive substance was examined by the expert team and dog squad, however, at no point was any material found in the possession, knowledge, or control of the Complainant prior to the parcel being delivered at his residence. The Complainant consistently maintained that he suspected one Vinay Verma, alleged to be the former lover of his wife, who had been threatening him and attempting to create disturbances in his family life. The Complainant had earlier informed his relatives and neighbours about the said threats. Thus, the Complainant himself is the victim in this matter and not the perpetrator. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. She further submits that the applicant has no criminal antecedents. She submits that the other co-accused person, namely Ghasiram has already been granted regular bail by this Court in MCRC No. 9859 of 2025, vide order dated 03.12.2025. Therefore, she submits that the present applicant is also entitled to be released on regular bail on the ground of 3 parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 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 that the other co-accused persons, namely Ghasiram has already been granted regular bail by this Court in MCRC No. 9859 of 2025, vide order dated 03.12.2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 16.08.2025 and the 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 – Dilip Kumar Dhimar, involved in Crime No. 277/2025 registered at Police Station Gandai, District Khairagarh- Chuikhadan-Gandai, Kanker (C.G.), for the offences punishable under Sections 109, 61(2), 318(4), 338, 336(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 and 4 of the Explosive Substance Act, be 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 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 4 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 sufÏcient 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 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 sufÏcient 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek