1 2025:CGHC:59214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9965 of 2025 Lokesh Sahu S/o Purushottam Sahu, Aged About 21 Years R/o Sheetla Chowk, Near Anuj Paan Thela, Thana Kabir Nagar, Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Rakhi, Raipur, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Vikash Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.12 .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. 91/2025, registered at Police Station – Rakhi, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 309(6), 126, 309(4), 310(2), 324 of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act. 2. The case of the prosecution, in short, is that the complainant lodged a report at Police Station Rakhi Raipur stating that on 10.06.2025, at around 2:30 a.m., when the complainant, along with his helpers Vishnu Prajapati, Abhishek Yadav, and Krishna Kumar Yadav, was driving his Hyva vehicle bearing registration No. MH 53B 9023 and reached near PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.06 12:12:02 +0530 2 C.B.D. Railway Station, the accused persons in their SUV, i.e., Scorpio vehicle bearing registration No. CG 04 PF 5907, stopped the complainant’s vehicle. Thereafter, the applicants, along with the co- accused, allegedly damaged the vehicle, assaulted the complainant and his companions, and looted their money amounting to Rs. 2,200/-, Aadhar card, and mobile phones. Based on this report, the aforementioned FIR was registered, and the applicants were arrested on 10.06.2025. 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 present applicant has not been mentioned in FIR, only on the basis of memorandum statement of co-accused person, the present has been falsely implicated in this case. He later submits that the co-accused person has already been granted regular bail by this Court vide order dated 04.11.2025 passed in MCRC Nos. 8745/2025. He also submitted that the applicant has one previous criminal antecedent, the charge-sheet has been filed in this case and the applicant is in jail since 10.06.2025 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 person has already been granted bail by this Court. 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, nature and gravity of allegation levelled against the applicant and the fact that the the co-accused person has already been granted regular bail by this Court vide order dated 04.11.2025 passed in MCRC Nos. 8745/2025, 3 further the applicant has one previous criminal antecedent, the charge-sheet has been filed in this case and the applicant is in jail since 10.06.2025, 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 - Lokesh Sahu, respectively involved in Crime No. 91/2025, registered at Police Station – Rakhi, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 309(6), 126, 309(4), 310(2), 324 of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act, 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, 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 4 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