1 2025:CGHC:60445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10247 of 2025 Parmeshwar Verma S/o Jeevan Lal Verma Aged About 25 Years R/o Village Chicha Police Station Bori, Tahsil - Dhamdha, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gandai, District- Khairagarh - Chuikhadan - Gandai (C.G.) ... Non-Applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-Applicant/State : Mr. Neeraj Sharma, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 277/2025 registered at Police Station- Gandai District- Khairagarh- Chuikhadan -Gandai, (C.G.) for the offence punishable under Sections 109, 61(2), 318(4), 338, 336(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Explosive Substances Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 15.08.2025, the complainant Afsar Khan, an electrician by profession, lodged a written report alleging that on 10.08.2025 his wife had gone to her maternal home. On 12.08.2025, a villager informed him that a parcel addressed to the complainant had arrived at the shop of one Sultan, but the complainant ignored it as he had not ordered any parcel. On the next day, the complainant’s father informed him that Sultan had telephonically conveyed that two unknown boys had left the parcel at his shop; however, the complainant again ignored it. Thereafter, on 15.08.2025, the complainant’s father brought the parcel box from Sultan’s shop. Upon opening the parcel, they found a home-theatre sound box with a broken plug. On further checking the back side of the sound box, they found two red wires connected to a lead wire, which raised suspicion of the parcel containing an explosive device. Based on the written report, the police registered an offence against two unknown persons. During preliminary enquiry, the dog squad confirmed that the alleged articles were explosive substances, leading to registration of the offence. During further enquiry, the complainant suspected the involvement of his wife’s ex-boyfriend, the main accused Vinay Verma, who was subsequently arrested. On the basis of his memorandum statement, the present applicant along with five other persons were arrested for the offences under Sections 109, 61(2), 318(4), 338, 336(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Explosive Substances Act. 3 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question he is rusting villager and working as and agriculturist. He further submits that similarly situated co-accused persons, namely, Ghasiram, Khilesh Verma and Dilip Kumar Dhimar have already been granted bail by this Court vide orders dated 03.12.2025, 09.12.2025 and 09.12.2025 in MCRC Nos. 9859/2025, 10079/2025 and 10114/2025 respectively. He also submits that the applicant has no criminal antecedent and he is in jail since 16.08.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence and the fact that other co-accused person, namely, Ghasiram, Khilesh Verma and Dilip Kumar Dhimar have already been granted bail by this Court vide orders dated 03.12.2025, 09.12.2025 and 09.12.2025 in MCRC Nos. 9859/2025, 10079/2025 and 10114/2025 respectively, and the case of present applicant is identical to that of the co-accused person, further the applicant has no criminal antecedent, he is in jail since 16.08.2025 and the charge-sheet has been filed in the present case, this Court 4 is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Parmeshwar Verma, involved in Crime No. 277/2025 registered at Police Station- Gandai District- Khairagarh- Chuikhadan -Gandai, (C.G.) for the offence punishable under Sections 109, 61(2), 318(4), 338, 336(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Explosive Substances Act, be released on bail on 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 5 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 treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce 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 Rahul Dewangan