1 2025:CGHC:7071 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1149 of 2025 1 - Tajuddin S/o Late Jakir Hussain Aged About 65 Years R/o Village Ara Outpost Bariyon Police Station Rajpur District - Balrampur Ramanujganj (C.G.) 2 - Rizwan S/o Sultan Aged About 34 Years R/o Village Ara Outpost Bariyon Police Station Rajpur District - Balrampur Ramanujganj (C.G.) 3 - Sahzad S/o Tajuddin Aged About 35 Years R/o Village Ara Outpost Bariyon Police Station Rajpur District - Balrampur Ramanujganj (C.G.) 4 - Fariyad S/o Tajuddin Aged About 25 Years R/o Village Ara Outpost Bariyon Police Station Rajpur District - Balrampur Ramanujganj (C.G.) 5 - Arman S/o Mumtaz Aged About 19 Years R/o Village Ara Outpost Bariyon Police Station Rajpur District - Balrampur Ramanujganj (C.G.) 6 - Farid S/o Tajuddin Aged About 21 Years R/o Village Ara Outpost Bariyon Police Station Rajpur District - Balrampur Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Incharge Outpost Bariyon Police Station Rajpur District - Balrampur - Ramanujganj (C.G.) ... Respondent(s) ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.07 18:52:28 +0530 2 For Applicant(s) : Mr. Goutam Khetrapal, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.02.2025 1. The applicant has preferred this Second Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.80/2024, registered at Police Station Outpost Bariyon Police Station Rajpur District - Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 148, 452, 427, 325 and 302 of the IPC. 2. Case of the prosecution, in brief, is that on 23.02.2024, the complainant, Mohammad Reyaz, lodged a report stating therein that on the same day at about 07:00 AM, a dispute arose regarding the connection of a water pipe under the Nal Jal Yojna in front of his house. Due to this dispute, the present applicant and 10 other individuals allegedly entered into his house and assaulted him and his family members. As a result of the assault, his grandfather Navi Miyan, son of Salamat Miyan, sustained an injury to their leg. Based on this report, the concerned police registered an FIR against the present applicant and others co-accused under Sections 294, 506, 323, 147, 148, 452 and 427 of the IPC. The injured person were admitted to the Government Hospital, Ambikapur and were taken home by his family members on 26.02.2024. After completing the 3 investigation, the prosecution filed a charge-sheet on 09.03.2024 against the applicants and others co-accused persons under Sections 294, 506, 323, 147, 148, 452, 427, and 325 of the IPC. Subsequently, on 26.03.2024, the injured person, Navi Miyan, passed away at home. Following this, the prosecution filed an additional charge-sheet adding the offence u/s 302 of the IPC against the present applicants. 3. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the crime which never committed by them. There is no prima facie evidence available on record to show the involvement of present applicants in the crime in question. Further the co-accused, namely, Ramzan Ali have already granted bail by this Court in MCRC No. 567/2025 vide order dated 27.01.2025 and the case of the present applicants is identical to that of the co-accused person. So far as criminal antecedents of the applicant is concerned, applicants have no previous criminal antecedents registered against them. The applicants are languishing in jail since 06.12.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicants on the ground of parity. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicants and also the submission advanced by learned counsel for the applicants, but could not dispute the fact that co-accused, namely, Ramzan Ali have already granted bail by this Court in MCRC No. 567/2025 vide order dated 27.01.2025 and 4 the case of the present applicants is identical to that of the co- accused person. 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 allegation levelled against the applicant and the fact that co-accused, namely, Ramzan Ali have already granted bail by this Court in MCRC No. 567/2025 vide order dated 27.01.2025 and the case of the present applicants is identical to that of the co-accused person and further so far as criminal antecedents of the applicants are concerned, they have no previous criminal antecedents, the applicants are in jail since 06.12.2024, charge-sheet has already been filed and conclusion of the trial is likely to take some time, as such, the Court is of the opinion that the applicants are entitled to be enlarged on bail. Hence, the bail application of the applicants is allowed. 7. Let applicants, Tajuddin, Rizwan, Sahzad, Fariyad, Arman and Farid, involved in Crime No.80/2024, registered at Police Station Outpost Bariyon, Police Station-Rajpur, District - Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 148, 452, 427, 325 and 302 of the IPC, be released on bail on his furnishing a personal bond with two sureties (each) in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the 5 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 Abhishek