1 2026:CGHC:2307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 506 of 2026 1. Akash Gupta @ Dadu S/o Shri Sanjay Gupta Aged About 19 Years R/o Mahant Talab, Near Shiv Mandir, Kota, Police Station- Saraswati Nagar, Tehsil and District- Raipur (C.G.) 2. Arban Khan @ Chintu S/o Alfaz Khan Aged About 18 Years R/o Mahant Talab, Near Shiv Mandir, Kota, Police Station- Saraswati Nagar, Tehsil and District- Raipur (C.G.) 3. Manish Tiwari @ Dadu S/o Shri Vinod Tiwari Aged About 20 Years R/o Mahant Talab, Near Shiv Mandir, Kota, Police Station- Saraswati Nagar, Tehsil And District- Raipur (C.G.) 4. Hafizuddin @ Faiz S/o Shri Shamimuddin Aged About 19 Years R/o Sanjay Nagar, Saushiya Chowk, P.S.- Tikrapara Tehsil and District- Raipur (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House Officer, Police Station- Saraswati Nagar Raipur, District- Raipur (C.G.) ... Non-applicant For Applicants : Mr. Prithvi Raj Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 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 applicants who have been arrested in connection with Crime No. 246/2025 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.15 10:27:47 +0530 2 registered at Police Station Saraswati Nagar, District Raipur (C.G.), for the offences punishable under Sections 115(2), 191(2), 191(3), 333, 304(2), 324(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 12.10.2025 at approximately 11:45 p.m., at Uma Das Mukherjee Premises Hospital situated near Science College, approximately 50–60 boys entered the hostel premises, switched off the main switch, launched a deadly attack, vandalized a vehicle, and assaulted the residents with rods, swords, knives, belts, and metal batons, resulting in serious injuries to the residents. The persons involved in the said incident were namely Yogeshwar, Rupnarayan, Govind, Tikendra, Yash, Doman, Mayank, Sameer, Dhananjay, Chandrakant, and Harsh Sahu. The injuries sustained by the residents during the assault were caused by the use of sharp and blunt objects, as per the medical reports. The medical reports included the injuries of Yogeshwar, Tikendra, Harsh, Rupnarayan, Mayank, and Ravish. During the incident, Sameer Sori’s mobile phone (number 9575679519) was stolen. During the investigation, suspects namely Dharmanshu Sonpipre, Gobin Yadav, Monesh @ Montu, Kesarkar, Prateek Yadav, Akash Gupta @ Babu, Thaneshwar Sahu, and Roshan Wagre, i.e., the present applicant, were interrogated, and their memorandum statements were recorded, in which they admitted to carrying out the aforementioned incident. On the basis of the written complaint made by Rupnarayan Sahu and others, an FIR dated 13.10.2025 was registered against unknown persons for the offences punishable under Sections 115(2), 191(2), 191(3), 333, and 304(2) of the B.N.S. under Crime No. 246/2025. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. 3 He submits that in reality, the applicants were not present at the place of the incident at the time it occurred. He also submits that applicant Nos.1 and 4 have no criminal antecedents and applicant Nos. 2 and 3 have one criminal antecedents. He further submits that other co-accused person, namely, Monesh @ Montu Kesarkar, Dharmeshu Sonpipre and Thaneshwar Sahu have already been granted regular bail by this Court vide order dated 02.01.2026 in MCRC No. 9379 of 2025 and MCRC No. 10163 of 2026. 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 as the co-accused person, namely, Monesh @ Montu Kesarkar, Dharmeshu Sonpipre and Thaneshwar Sahu have already been granted regular bail by this Court vide order dated 02.01.2026 in MCRC No. 9379 of 2025 and MCRC No. 10163 of 2026, further, the fact that the charge-sheet has already been submitted in the present case before the competent Court and they have been in jail since 17.10.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case on the ground of parity. 7. Let Applicant Nos. 1, 2, 3 and 4 – Akash Gupta @ Dadu, Arban Khan @ Chintu, Manish Tiwari @ Dadu and Hafizuddin @ Faiz, involved in Crime No. 246/2025 registered at Police Station Saraswati Nagar, District Raipur (C.G.), for the offences punishable under Sections 115(2), 191(2), 4 191(3), 333, 304(2), 324(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing 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 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 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the 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 sufficient cause, then it shall be open for the trial court to 5 treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office 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 Preeti