Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:60602
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10283 of 2025 Imran Khan S/o Shri Ajhar Khan Aged About 23 Years R/o Lakholi, Atal Awas, Rajnandgaon, District Rajnandgaon Chhattisgarh
... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station Basantpur District Rajnandgaon (C.G.)
... Non-applicant For Applicant : Ms. Dimple Dewangan, Advocate. For Non-applicant/State : Mr. Neeraj Sharma, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 12.12.2025
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. 430/2025 registered at Police Station Basantpur, District Rajanandgaon (C.G.), for the offences punishable under Sections 296, 115(2), 118(1), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
2. As per the prosecution case, the complainant made a complaint to the concerned police station alleging inter alia that on the date of incident, i.e., 14.09.2025, a dispute had arisen between the accused persons and the injured person regarding a demand for money to consume liquor, and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.12 18:15:08 +0530
2 thereafter the accused persons assaulted the injured person. Based upon such complaint, the concerned police registered an offence against the accused persons and the applicant for the offences under Sections 296, 115(2), 118(1), 351(2), and 3(5) of the B.N.S. 2023.
3.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. She further submits that the applicant has no criminal antecedents. She submits that the other co-accused person, namely Vinod Yadav has already been granted regular bail by this Court in MCRC No. 9126 of 2025, vide order dated 13.11.2025. Therefore, she 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 other co-accused persons, namely Vinod Yadav has already been granted regular bail by this Court in MCRC No. 9126 of 2025, vide order dated 13.11.2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 17.09.2025 and the conclusion of the trial may take some more 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. 7. Let the Applicant – Imran Khan, involved in Crime No. 430/2025 registered at Police Station Basantpur, District Rajanandgaon (C.G.), for
3 the offences punishable under Sections 296, 115(2), 118(1), 351(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, (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
4 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