1 2025:CGHC:60051 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10140 of 2025 Sarthi Alias Vot Yadav S/o Golbadan Yadav Aged About 33 Years R/o Village - Thengagudi, P.S. Sariya District - Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - City Kotwali, District – Raigarh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Prathaysh Sharma, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, 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. 335/2025, registered at Police Station - City Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 331(4), 305, 238, 299, 111 and 3(5)of Bharatiya Nyaya Sanhita, 2023. 2. The nutshell case of the prosecution is that the complainant, Bajrang Lal Agrawal, lodged a written report at the police station stating that on 14.07.2025 at about 1:30 AM, some unknown persons broke the door of the temple and stole ornaments from Shyam Temple situated at Shyam PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.11 11:18:03 +0530 2 Complex. On the basis of the said report, the concerned police conducted an inquiry into the matter and, acting on information received from an informer, arrested the accused along with other co-accused persons. 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 name of the applicant has not been mentioned in the alleged FIR and has been arrested only on the basis of memorandum statement of co-accused. He also submitted that co-accused persons, namely, Nawadai Yadav, Manas Bhoi, Upendra Bhoi, Virendra Saraf and Bijju @ Vijay Pradhan have already been granted bail by this Court vide order dated 22.09.2025, 15.10.2025 16.10.2025 passed in MCRC Nos. 6629/2025, 8214/2025, 8341/2025 and 8327/2025, respectively, the applicant has no previous criminal antecedent, the charge-sheet has been filed in this case and the applicant 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 bail by this Court. She further submits the main accused in the incident is Sarathi alias Vot Yadav (present applicant), who broke the lock of the entrance gate of Shyam Temple, Raigarh, and committed theft of gold and silver ornaments and cash kept inside the temple, the other accused persons were given the stolen property by the present applicant to conceal it. Further, the applicant has three previous criminal antecedent of the year 2008 and 2014, hence, he is not entitle for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, period of detention of the applicant since 23.07.2025, the fact that co-accused persons, namely, Nawadai Yadav, Manas Bhoi, Upendra Bhoi, Virendra Saraf and Bijju @ Vijay Pradhan have already been granted bail by this Court vide order dated 22.09.2025, 15.10.2025 16.10.2025 passed in MCRC Nos. 6629/2025, 8214/2025, 8341/2025 and 8327/2025, respectively and the applicant has three previous criminal antecedents of the year 2008 and 2014 which are old and stale, the charge-sheet has been filed in this case, and 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 - Sarthi Alias Vot Yadav, respectively involved in Crime No. 335/2025, registered at Police Station - City Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 331(4), 305, 238, 299, 111 and 3(5)of Bharatiya Nyaya Sanhita, 2023, 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, 4 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 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 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 Preeti