1 2025:CGHC:58869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9914 of 2025 Sahil @ Shiva Nirmalkar S/o Rupnarayan Nirmalkar Aged About 27 Years R/o Laxman Nagar, Gali No. 5, Near Suresh Kirana Stores, P.S. Gudhiyari, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Gudhiyari, Distt. Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. Amit Varma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 360 of 2025, registered at Police Station- Gudhiyari, District- Raipur, (C.G.) for the offences punishable under Sections 109(1), 296, 351(2) read with Section 3(5) of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.06 12:29:01 +0530 2 BNS and Sections 25 and 27 of the Arms Act. 2. According to the prosecution, the present applicant with other co- accused persons have assaulted Shyamlal Nishad and Birendra Nishad from knife and also abused them with filthy languages, resulting which the said Shyamlal Nishad and Birendra Nishad sustained grievous injuries. Hence the present crime was registered against the accused persons. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Further, co-accused, namely, Prahlad Sahu has already been granted bail by this Court in MCRC No. 9617 of 2025 vide order dated 27.11.2025 and the case of the present applicant is identical to that of the co-accused persons. So far as criminal antecedents of the applicant is concerned, to the best knowledge of the deponent, applicant has no previous criminal antecedents registered against him. He is languishing in jail since 06.08.2025, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, 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 counsel for the State opposes the bail application of the applicant but could not dispute that the fact that co-accused person has already been granted by this Court and the case of the present applicant is identical to that of the co- accused. 3 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Prahlad Sahu has already been granted bail by this Court in MCRC No. 9617 of 2025 vide order dated 27.11.2025 and the case of the present applicant is identical to that of the co-accused, charge-sheet has already been filed and he is languishing in jail since 06.08.2025 and conclusion of the trial is likely to take some time, 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. 6. 6. Let applicant, Sahil @ Shiva Nirmalkar, involved in Crime No. 360 of 2025, registered at Police Station- Gudhiyari, District- Raipur, (C.G.) for the offences punishable under Sections 109(1), 296, 351(2) read with Section 3(5) of the BNS Crime No. 360 of 2025, registered at Police Station- Gudhiyari, District- Raipur, (C.G.) for the offences punishable under Sections 109(1), 296, 351(2) read with Section 3(5) of the BNS and Sections 25 and 27 of the 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 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek