1 2025:CGHC:5649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 837 of 2025 Narendra Bharat @ Narendra S/o Late Bedilal Bharat Aged About 40 Years R/o Village Kusar, Bandhpara, Police Station Pandariya, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Charcha, District Koriya (C.G.) ... Non-applicant For Applicant : Mr. A.N. Pandey, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2025 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. 240/2024 registered at Police Station Charcha, Koriya (C.G.), for the offences punishable under Sections 420, 120(B), 467, 468 of the Indian Penal Code. 2. According to the prosecution, on 22.10.2024, the complainant, Teju Ram, lodged an FIR against the applicant at the concerned police ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.31 17:18:52 +0530 2 station. The complainant alleged that the applicant had taken Rs. 4,50,000/- from him on the pretext of providing a job as a peon. Consequently, the FIR was registered against the applicant for the aforementioned offenses. Following the complainant's report, the police station in Charcha District Koriya investigated the matter and registered a crime under Sections 420, 120(B), 467, and 468 of the Indian Penal Code. After completing the investigation, the police presented a charge sheet to the competent court, and the applicant was arrested on 24.10.2024. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that other co-accused person, namely, Md. Istekhar Khan in MCRC No. 7960 of 2024 vide order dated 03.01.2025 has already been granted regular bail by this Court. 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 person, namely, Md. Istekhar Khan in MCRC No. 7960 of 2024 vide order dated 03.01.2025 has already been granted regular bail by this Court. Also considering the fact 3 that the charge - sheet has already been submitted in the present case before the competent Court 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 – Narendra Bharat @ Narendra, involved in Crime No. 240/2024 registered at Police Station Charcha, Koriya (C.G.), for the offences punishable under Sections 420, 120(B), 467, 468 of the Indian Penal Code, 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 4 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