1 2025:CGHC:5752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 872 of 2025 • Tersa Ram Prajapati S/o Ayodhya Prajapati Aged About 30 Years R/o Bokramuda Bagra Panchayat, Thana Pendra Road, District Gaurella- Pendra-Marvahi C.G. ... Applicant. versus • State Of Chhattisgarh through Police Station- Udaypur, District Surguja (C.G.). ... State/respondent. For Applicant : Shri Rajendra Kumar Patel, Advocate. For Respondent : Ms. Monika Thakur, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 179/2024 registered at Police Station Udaypur, District – Surguja (C.G.), for the offence punishable under Sections 309, 318, 310(2) of BNS. 2. The prosecution story in brief, is that, the complainant Nawal Kishore Jaiswal lodged written report alleging that on 10.08.2024 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.01.31 15:06:39 +0530 2 he along with his friend went to village Daandgaon for watching the plot for purchasing and the owner of the land in his motorcycle taken him alone to see the land. At that time two unknown person in motor cycle came there and by showing knife looted Rs. 6,500/- from his pocket and Rs. 3,00,000/- kept under his vest and one gold chain, mobile phone, Aadhar card, Pan card and thereafter with owner of land they fled away from that place and at the time of incident one lady was also present there and after the incident she fled away with accused. During investigation applicant along with other co-accused were alleged to have been found involved in the aforesaid offence following which they were arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that the present applicant was never involved in any kind of offence. He further submits that the present applicant has no criminal antecedents. He later submitted that in the present case, co-accused persons, namely, Smt. Gauri Soni has already been granted bail by this Court vide order dated 06.12.2024 passed in MCRC No. 8552/2024. Subsequently, co-accused Vijay Kumar Jaiswal and Vishwa Prasad have also been granted bail by this Court vide order dated 10.01.2025 passed in MCRC No.218/2025. Applicant is in jail since 14.08.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and would submit that from the 3 present applicant, Rs.10,000/- cash was seized. However, She would submit that present applicant has no criminal antecedents and learned State counsel would not dispute the fact that case of present applicant is similar to that of co accused 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 & circumstances of the case, and further the fact that three co-accused persons namely, Smt. Gauri Soni, Vijay Kumar Jaiswal and Vishwa Prasad have already been enlarged on bail by this Court vide case numbers and order dates mentioned above, therefore, this Court is of the opinion that present applicant is also entitled to be granted regular bail on the ground of parity. 7. Let the Applicant- Tersa Ram Prajapati, involved in Crime No. 179/2024 registered at Police Station Udaypur, District – Surguja (C.G.), for the offence punishable under Sections 309, 318, 310(2) 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 it as abuse of liberty of bail and pass orders in accordance with 4 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Avinash