1 2025:CGHC:42391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6587 of 2025 1. Aashish Yadav S/o Naresh Ram, Aged About 25 Years Permanent R/o Sanjay Para, Bhairamgarh, District - Bijapur (C.G.) 2. Sachin Kumar Hidko S/o Rajkumar Hidko, Aged About 22 Years Permanent R/o Ward No.- 03, Puri, District Kanker (C.G.) 3. Vatsal Kumar Thakur, S/o Govind Singh Thakur, Aged About 23 Years Permanent R/o Ward No.- 07, Puri, District Kanker (C.G.) ... Applicants versus State of Chhattisgarh Through Thana Incharge P.S.- Chhavni Thana, District Durg (C.G.) ... Non-Applicant For Applicants : Mr. Atul Deshmukh Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08 .202 5 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. 251/2025, registered at Police Station – Chhavni, District - Durg (C.G.) for the offence punishable under Sections 108, 238 of Bharatiya Nyaya Sanhita, 2023 and 67(b) of Information and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.22 18:51:16 +0530 2 Technology Act. 2. As per prosecution story, and allegations thereunder, on 25/05/2025, an FIR was registered by the Police of Thana Chhavni Durg, C.G. on the oral complaint of Rohit Kumar Rajput. On 18/5/2025, 06:15 pm and written complaint of Mrs. Rashmi Rathore i.e. wife of the deceased on 20/0/2025, informing that on the midnight hours (05:00 am) of 17-18 May 2025, the deceased Dr. Bodhesh Kumar Rathore S/o Late Tikam Singh Rajput Age 55 years committed suicide by hanging himself with a linen rope on the window rod at the House of Rohit Kumar Rajput(relative) at Camp-2, Bhiali, under jurisdiction of the Thana Chhavni Durg C.G. At the time of death the deceased was posted at Puri village under Charanma police station of Kanker District as an Ayurvedic doctor on contract in the AYUSH department. 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 although the FIR mentions the names of 13 accused persons, the present applicant is not named in the FIR. It is also submitted that co-accused persons have already been granted regular bail by this Court vide order dated 08.08.2025, passed in MCRC Nos. 6248/2025 and 6258/2025. Additionally, other co-accused persons have been granted anticipatory bail vide orders dated 19.06.2025 and 07.07.2025, passed in MCRCA Nos. 847/2025 and 981/2025, respectively. He also submitted that the charge-sheet has been filed in this case. The applicant Nos. 1 and 2 3 are in jail since 27.05.2025 and applicant No. 3 is in jail since 23.07.2025 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 regular bail and anticipatory bail by this Court. 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 although the FIR mentions the names of 13 accused persons, the present applicant is not named in the FIR, further considering the fact that the co-accused persons have already been granted regular bail by this Court vide order dated 08.08.2025, passed in MCRC Nos. 6248/2025 and 6258/2025, additionally, other co-accused persons have been granted anticipatory bail vide orders dated 19.06.2025 and 07.07.2025, passed in MCRCA Nos. 847/2025 and 981/2025, respectively, the charge-sheet has been filed in this case and applicant Nos. 1 and 2 are in jail since 27.05.2025 and applicant No. 3 is in jail since 23.07.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be granted regular bail in this case. 4 7. Accordingly, the bail application is allowed. Let applicant Nos. 1, 2 and 3 - Aashish Yadav, Sachin Kumar Hidko and Vatsal Kumar Thakur, respectively involved in Crime No. 251/2025, registered at Police Station – Chhavni, District - Durg (C.G.) for the offence punishable under Sections 108, 238 of Bharatiya Nyaya Sanhita, 2023 and 67(b) of Information and Technology Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court 5 on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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