1 2025:CGHC:58868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9916 of 2025 Raja Manhar S/o Mohit Manhar Aged About 24 Years R/o Vill - Kormi Mod, Silpahri, P.S. - Sirgitti, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Sirgitti, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Upadhyay, 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 applicant who has been arrested in connection with Crime No. 230 of 2025 registered at Police Station Sirgitti, District Bilaspur (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 118(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. In Crime No. 230/2025 of P.S. Sirgitti, the prosecution’s case as detailed in Charge-sheet No. 466/2025 dated 11.11.2025, filed under Sections 296, 351(2), 115(2), 118(2) and 3(5) of the BNS alleges that on 05.05.2025 at Sapna Agro Company, Silpehri, a dispute over giving way ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.05 18:28:59 +0530 2 to a tractor escalated into an assault. It is alleged that the co-accused, Bobby alias Justin Masih (the main accused, who has since been granted bail vide MCRC/9234/2025 dated 17.11.2025), along with Raja Manhar and Yogesh alias Subbi Masih, abused and threatened the victim, Dipanshu, and assaulted him with iron rods and fists, causing serious injuries requiring hospitalization. During the investigation, the present Applicant, Raja Manhar, was arrested on 04.11.2025, allegedly confessed to the crime, and allegedly produced the iron rod used in the offence. He has remained in judicial custody since his arrest. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the present applicant has only 01 criminal antecedent which has already been disposed of. He further submits that other co-accused person, namely, Yogesh Masih @ Subbi has already been granted regular bail by this Court in MCRC No. 9845 of 2025. 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 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, Yogesh Masih @ Subbi has already been granted regular bail by this Court in MCRC No. 9845 of 2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 19.10.2025, conclusion of the trial may take some more time. 3 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 – Raja Manhar, involved in Crime No. 230 of 2025 registered at Police Station Sirgitti, District Bilaspur (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 118(2), 3(5) of the 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 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 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, 4 (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