1 2025:CGHC:60605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10279 of 2025 Gopal Khairwar S/o Santosh Khairwar Aged About 25 Years Caste- Satnami, R/o Village- Pathariya, Police Station Nandani Nagar, Ahiwara, District : Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Gandai, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Non-applicant For Applicant : Mr. Abhishek Sharma, 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. 277/2025 registered at Police Station Gandai, District Khairagarh-Chuikhadan-Gandai, (C.G.), for the offences punishable under Sections 109, 61(2), 318(4), 338, 336(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 and 4 of the Explosive Substance Act. 2. As per the prosecution story, the complainant Afsar Khan (who is an electrician by profession) lodged a written report alleging that on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.12 18:15:09 +0530 2 10.08.2025, his wife went to her maternal house. Thereafter, on 12.08.2025, one villager informed him that a parcel addressed to the complainant had arrived at the shop of one Sultan, but the complainant ignored the information as he had not ordered any parcel. On the next day, the complainant’s father informed him that Sultan had telephonically stated that two boys had left the parcel at his shop, but again the complainant ignored the information. Thereafter, on 15.08.2025, the complainant’s father brought the said parcel box from Sultan’s shop. Upon opening the parcel box, they found one home-theatre sound box. They noticed that the plug was broken. After opening the sound box from the back side, they found two red wires connected with a lead wire, due to which they suspected it to be a parcel bomb. On the basis of the written report, the police registered an offence against two unknown persons. During the preliminary enquiry, it was confirmed by the dog squad that the alleged articles were explosive substances, and accordingly, an offence was registered against two unknown persons. During further enquiry, the complainant suspected his wife’s ex- boyfriend, the main accused Vinay Verma. Thereafter, the main accused was arrested, and based on his memorandum statement, the present applicant and five other persons were arrested for the offences under Sections 109, 61(2), 318(4), 338, and 336(3) of the BNS, and Sections 3 and 4 of the Explosive Substances Act. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the applicant has no criminal antecedents. He submits that the other co-accused person, namely Dilip Kumar Dhimar and Khilesh Verma have already been granted regular bail by this Court in MCRC No. 10114 of 2025 and 10079 of 2025 vide order dated 3 09.12.2025. 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 other co-accused persons, namely Dilip Kumar Dhimar and Khilesh Verma have already been granted regular bail by this Court in MCRC No. 10114 of 2025 and 10079 of 2025 vide order dated 09.12.2025. 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 16.08.2025 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 – Gopal Khairwar, involved in Crime No. 277/2025 registered at Police Station Gandai, District Khairagarh-Chuikhadan- Gandai, (C.G.), for the offences punishable under Sections 109, 61(2), 318(4), 338, 336(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 and 4 of the Explosive Substance Act, 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 4 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 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