1 2025:CGHC:58871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9834 of 2025 1. Sanjay Kurre S/o Dev Prasad Kurre Aged About 30 Years R/o Village- Bagadbari, P.S. Baloda Dist- Janjgir-Champa (C.G.) 2. Shiv Rajak S/o Dhirajram Rajak Aged About 40 Years R/o Village- Bagadbari, Ps - Baloda Dist- Janjgir-Champa (C.G.) ... Applicants versus State of Chhattisgarh Through- S.H.O. Police Station Saraipali, Dist- Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Lalit Jangde, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.12.2025 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 applicants who have been arrested in connection with Crime No. 172/2025 registered at Police Station Saraipali, Mahasamund, District Mahasamund (C.G.), for the offences punishable under Sections 303(3), 351(2), 111, 112, 117(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in short, is that on 06.07.2025, the complainant, Daulatram, lodged a written complaint at Police Station Saraipali alleging ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.06 12:28:00 +0530 2 that on 28.06.2025, his driver, Ranjeet, had parked the truck bearing registration number CG06 GM 5772 in front of his shop, Bansal Auto Parts, Baitari, and was sleeping inside the vehicle. The next morning, i.e., on 29.06.2025, the driver discovered that the lock of the diesel tank was broken and that some unknown persons had committed theft of 300 litres of diesel. Upon receiving the complaint, Police Station Saraipali registered the FIR. The applicants were arrested in connection with Crime No. 175/2025, Police Station Saraipali, District Mahasamund (C.G.), and were subsequently arrested again in the present crime. The matter was investigated, and a charge-sheet has been filed. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He submits that the applicants have 02 criminal antecedents under the IPC which are still pending. He further submits that other co-accused person, namely, Virendra Patle @ Sonu has already been granted regular bail by this Court in MCRC No. 8658 of 2025, vide order dated 31.10.2025. Therefore, he submits that the present applicants are 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 applicants and submits that the charge-sheet has already been submitted in the present case. 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 that the co-accused person, namely, Virendra Patle @ Sonu has already been granted regular bail by this Court in MCRC No. 8658 of 2025, vide order dated 31.10.2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent 3 Court and they are in jail since 04.09.2025 respectively, conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case on the ground of parity. 7. Let the Applicants – Sanjay Kurre and Shiv Rajak, involved in Crime No. 172/2025 registered at Police Station Saraipali, Mahasamund, District Mahasamund (C.G.), for the offences punishable under Sections 303(3), 351(2), 111, 112, 117(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing personal bond with two local 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants 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 4 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 sufÏcient 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. 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