1 2025:CGHC:17228 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1501 of 2025 Dhiraj Kumar S/o Shri Ram Vastrakar Aged About 36 Years R/o Block F, Flat No. 501, Vitthalpuram, umda Road, Bhilai-03, District Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Old Bhilai Distt. Durg (C.G.) ... Non-applicant For Applicant : Mr. Nilesh Kumar Thakur, Advocate. For Non-applicant/State : Mr. Shashank Thakur, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 278/2024 registered at Police Station Old Bhilai, District Durg (C.G.), for the offences punishable under Sections 109, 296, 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. According to the prosecution's story, on 19.07.2024, injured Assistant Professor Vinod Sharma was heading home in his car with his driver, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.21 14:41:28 +0530 2 Mr. Hemant Baghel, from Khubchand Baghel College around 4:00 pm. As usual, they stopped the car near Janaki Devangan's shop, next to the police petrol pump, and got out to buy cigarettes. At around 4:15 pm, six unknown youths on two motorcycles started chasing them from the college, armed with sticks. The youths began beating Professor Vinod Sharma with sticks, allegedly with the intention of killing him, and abused his mother and sister. When Mr. Hemant Baghel tried to intervene, the youths threatened to kill him and started beating him as well. Scared, Mr. Hemant Baghel fled the scene in the car towards Khursipar and informed the college's fellow driver, Praveen Singh, about the incident. Upon returning and inquiring, he learned that Professor Vinod Sharma was being taken to Sunshine Hospital. Mr. Hemant Baghel went to the hospital and saw that Professor Vinod Sharma had severe injuries on his head, hands, and legs, and was unable to speak properly. The injured professor's family immediately took him to Hi-Tech Hospital Bhilai. Three days later, on 22.07.2024, the family took Professor Vinod Sharma to Delhi for better treatment. Based on Mr. Hemant Baghel's report, a First Information Report (FIR No. 278/2024) was registered at the Old Bhilai Police Station in Durg district under Sections 109, 296, 351(3), and 3(5) of the BNS, 2023, and an investigation was initiated. 4. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicant has no criminal antecedents. He further submits that other co-accused person, namely, Karan Pathak, vide order dated 11.12.2024 in MCRC No. 7155 of 2024, has already been granted regular bail by this Court. 3 Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 5. 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. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Karan Pathak, vide order dated 11.12.2024 in MCRC No. 7155 of 2024, has already been granted regular bail by this Court, further, 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 13.01.2025, 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. 8. Let the Applicant – Dhiraj Kumar, involved in Crime No. 278/2024 registered at Police Station Old Bhilai, District Durg (C.G.), for the offences punishable under Sections 109, 296, 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 4 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 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. 9. 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