1 2025:CGHC:60052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10137 of 2025 Rahul Vaishnav S/o Tareshwar Vaishnav Aged About 20 Years R/o Rajiv Nagar, Lakholi, P.S. Kotwali, Tahsil and District - Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Office, Police Station - Kotwali, District - Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Upadhyay, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.12.2025 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. 434/2025, registered at Police Station – Kotwali, District - Rajnandgaon, (C.G.) for the offence punishable under Sections 109(1), 191(1) and 191(3) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that the complainant Sitaram Sonkar lodged a report to the effect that on 18.08.2025, the accused Bhavesh Sahu, Rahul Shrivas, Rahul Vaishnav, Sawant Yadav, Akash Sahu, Chintu Rajak acting in collusion assaulted Krishna Sonkar and Vinay PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.11 11:33:47 +0530 2 Sonkar with a knife. On the above allegation, Crime was registered. Hence, this application. 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 co-accused person, namely, Rahul Shrivas, Akash Sahu and Sawant Yadav have already been granted bail by this Court vide order dated 26.11.2025 passed in MCRC Nos. 8469/2025 and 8814/2025, respectively. He also submitted that the applicant has three previous criminal antecedents, out of which in one case he has been acquitted and two cases are pending, an additional affidavit has been filed on behalf of the applicant for explaining the criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 19.08.2025 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 applicant’s bail application but cannot dispute the fact that the co-accused have already been granted bail by this Court. He further submits that the applicant has three previous criminal antecedents, hence, he is not entitled for grant of bail. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that co-accused person, namely, Rahul Shrivas, Akash Sahu and Sawant Yadav have already been granted bail by this Court vide order dated 26.11.2025 passed in MCRC Nos. 8469/2025 and 8814/2025, respectively, the applicant has three previous criminal antecedents, out of which in one case he has been acquitted and two cases are pending, the 3 charge-sheet has been filed in this case and the applicant is in jail since 19.08.2025, and the 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 - Rahul Vaishnav, respectively involved in Crime No. 434/2025, registered at Police Station – Kotwali, District - Rajnandgaon, (C.G.) for the offence punishable under Sections 109(1), 191(1) and 191(3) of Bharatiya Nyaya Sanhit, 2023, be released on bail on his furnishing a personal bond with two local 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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, 4 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 her 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