1 2025:CGHC:53912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8748 of 2025 Dauwa @ Deen S/o Budharu Sahu Aged About 22 Years R/o Shyam Nagar, Lingiyadih, Police Station - Sarkanda, District Bilaspur Chhattisgarh (Correct Name Mentioned) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Sarkanda, District - Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Anil S. Pandey, Advocate For Respondent-State : Mr. Amit Verma, Panel lawyer (Hon’ble Chief Justice Shri Ramesh Sinha) Order on Board 04/11/2025 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. 1089/2025 registered at Police Station Sarkanda, District-Bilaspur (C.G.), for the offences punishable under Section 326(G) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story, in brief, is that in the night of 09.08.2025, 2 complainant Vikas Thakur closed his medical shop and was at home with his brother in law Nihal Thakur, whose motorcycle bearing registration no. CG /25 /J /0351 was parked in the courtyard. Around 2:00 A.M. a neighbor informed him that the bike was on fire. When he came out, he saw the motorcycle has completely burnt. It was alleged that some unknown person entered the premises by opening the boundary gate and set the motorcycle on fire. During investigation, statement of witnesses including Trupti Singh were recorded. It was revealed that the accused Rahul @ Himesh Sahu had sent abusive instagram messages to Trupti shortly before the incident, and was later seen in CCTV footage with his companion Dinu alias Dauwa/present applicant near the place of occurrence at around 1:36 A.M. Both were interrogated and confessed to the offence in their memorandum statements. Subsequently, applicant was arrested and offence was registered against him under Section 326(G) and 3(5) of the BNSS and related provisions. Hence, the bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He further submits that co-accused namely, Rahul @ Himanshu Sahu has already been granted bail by this Court vide order dated 29.10.2025 in MCRC No. 8544/2025. He further submits that the present applicant is languishing in jail since 28.08.2025 whereas the other co-accused has been granted bail. Therefore, he submits that the present applicant is also entitled to be released on bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits so far as the criminal antecedent of 3 the present applicant is concerned he is having one previous criminal antecedent, hence he may not be enlarged on bail. 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 particularly that the co-accused namely Rahul @ Himanshu Sahu has already been granted bail by this Court vide order dated 29.10.2025 in MCRC No. 8544/2025. Also considering the fact that applicant is languishing in jail since 28.08.2025 while the other co-accused has been granted bail by this Court and conclusion of trial may also take considerable time to conclude. 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 – Dauwa @ Deen , involved in Crime No. 1089/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offences punishable under Section 326(G) and 3(5) of Bhartiya Nyaya Sanhita, 2023, 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 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 applicant shall remain present before the trial 4 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 applicant misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court 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 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 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY