1 2025:CGHC:5754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 875 of 2025 • Anil Sahu @ Neelu S/o Yukt Prasad Aged About 40 Years R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur, Chhattisgarh. ... Applicant. versus • State Of Chhattisgarh Through The Station House Officer, Out Post Karanji, Police Station Bishrampur, District Surajpur, Chhattisgarh. .. State/Respondent. For Applicant : Shri Anil Gulati, Advocate. For State : Mr. Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/01/2025 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. 163/2024 registered at Police Station Out Post Karanji Police Station Bishrampur, District - Surajpur AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.02.03 11:21:29 +0530 2 (C.G.) for the offence punishable under Sections 331(4), 305 read with Section 3(5) of BNS and Section 111 of BNS. 2. Case of the prosecution, in brief, is that present applicant along with other co-accused persons have been charged with breaking into the shop of Shivmanglal Rajwade around 12:00 am, by making a hole in the wall and stealing approximately Rs.40,000/- from the cash box and 3 bags of rice worth around Rs.30,000/- totaling Rs.70,000/- thereafter offence has been registered against the applicant. 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 further submits that applicant has 11 criminal antecedents which are marked in this petition as ‘4-A’, which goes to show that out of 11 criminal antecedents, five are registered under Crpc which have been disposed of. Four criminal antecedents are registered as Crime Nos.256/05, 256/11, 132/21, 220/21 in which he has been acquitted. Present applicant is on bail in the criminal antecedent registered under Crime No.349/24 and lastly in one criminal antecedent registered under the Gambling Act, fine has been imposed. He would further submit that other co- accused namely Arjun Rajwade and Laxamn Kumar Chawdhry have already been granted bail by this Court vide order dated 22.01.2025 passed in MCRC Nos.8539/2024, 8746/2024, respectively and case of present applicant is similar to that of their. The applicant is in jail since 19.09.2024, and the trial is likely to take some time for its conclusion therefore present applicant may be enlarged on bail. 3 4. On the other hand learned counsel for the State would oppose the bail application and would submit that charge-sheet has been filed. Present applicant has 11 criminal antecedents. However, he would not dispute the fact that case of present applicant is similar to that of co-accused persons who have already been granted bail. 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, period of detention of the applicant since 19.09.2024 and particularly the fact that case of present applicant is similar to that of co accused persons namely Arjun Rajwade and Laxamn Kumar Chawdhry, who have already been enlarged on bail by this Court vide case numbers and order dates mentioned above, this Court 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 -Anil Sahu @ Neelu, involved in Crime No. 163/2024 registered at Police Station Out Post Karanji Police Station Bishrampur, District - Surajpur (C.G.) for the offence punishable under Sections 331(4), 305 read with Section 3(5) of BNS and Section 111 of BNS, 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 4 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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. 8. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Avinash