1 2025:CGHC:42473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6079 of 2025 Sona Barmate @ Sonu S/o Vishram Barmate Aged About 35 Years R/o Ward No. 13 Behind Dhan Mandi, Sargaon, Mungeli, District - Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Kharora District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Deshant Singh Thakur, Advocate and Mr.Ankit Barman, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2025 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. 182/2025 registered at Police Station Kharora, District Raipur (C.G.), for the offences punishable under Sections 331(6), 310(2), 61(2) of the Bhartiya Nyay Sanhita, 2023 and Section 25 and 27 of the C.G. Arms Act. 2. As per the prosecution story, a complaint was lodged by the complainant, namely Radheylal Bhardwaj, resident of Village Kevradih, Police Station Kharora, District Raipur, who stated that while he was sleeping in his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.22 11:06:11 +0530 2 house along with his family members, some unknown persons wearing black masks and carrying weapons entered his house and looted Rs. 6 lakhs in cash and jewellery worth Rs. 2 lakhs. Consequently, an FIR was registered on 28.03.2025 vide Crime No. 182/2025 at Police Station Kharora, District Raipur (C.G.) under Sections 331(6) and 310(2) of IPC. On the basis of a memorandum statement, the present applicant was arrested, and Section 61(2) of BNS along with Sections 25 and 27 of the Arms Act were added. The present applicant is alleged to be one of 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 other co-accused person, namely, Devraj Dhariya and Jitendra Pathak, Suraj Sen @ Hansraj, Gajju Chandrawanshi, Chatrapal @ Raju, Kishan Verma, and Rupesh Sahu have already been granted regular bail by this Court in MCRC No. 3898 of 2025, MCRC No. 5424 of 2025 and MCRC No. 5462 of 2025 vide order dated 27.06.2025, 11.07.2025 and 14.07.2025 respectively. 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, Devraj Dhariya and Jitendra Pathak, Suraj Sen @ Hansraj, Gajju Chandrawanshi, Chatrapal @ Raju, Kishan Verma, and Rupesh Sahu have already been granted regular bail by this 3 Court in MCRC No. 3898 of 2025, MCRC No. 5424 of 2025 and MCRC No. 5462 of 2025 vide order dated 27.06.2025, 11.07.2025 and 14.07.2025 respectively and the applicant has been in jail since 31.03.2025, 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 – Sona Barmate @ Sonu, involved in Crime No. 182/2025 registered at Police Station Kharora, District Raipur (C.G.), for the offences punishable under Sections 331(6), 310(2), 61(2) of the Bhartiya Nyay Sanhita, 2023 and Section 25 and 27 of the C.G. Arms 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 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 4 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