1 2026:CGHC:11460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2196 of 2026 Pratyush Banjare S/o Late Sachin @ Bablu Banjare, Aged About 20 Years, R/o Village Chakarbeda, Chowki Malhar, P.S. Masturi Bilaspur, District- Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Masturi, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Ravipal Maheshwari, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 315/2025 registered at Police Station – Masturi, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5) and 119(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. As per the prosecution case, in briefly, is that the complainant has made complaint to the concerned police station with intend that the complainant/Degun Patle along with his grandfather Subhash and Gulshan were returning to their village Tikari from village Mosa. When they reached near Navoday School Canal Culvert, the applicant and other grandfathers met there and started abusing filthy in the name of mother PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.11 12:36:27 +0530 2 and sister in the court that they had not served liquor to them and stated assaulting with hand and fists with hand leg and belt inter-alia with life threatening. Consequently, the complainant sustained inquiry on his right hand, nose and the other injured Gulshan sustained injury on his neck, head, blood was oozing out from mouth of Subhash Tandon. Based upon the such report, the concerned police station has registered offence publishable under section 296, 351(2), 115(2), 3(5), 119(1) of B.N.S. against the accused persons. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has neither assaulted upon the injured person nor committed any aforesaid offences as alleged by the prosecution against him. He also submits that there are no previous criminal antecedents. He further submits that co-accused persons, namely, Surya Tandon and Nirbhay Madhukar Urf Solu have been granted bail by this Court vide order dated 24.07.2025 passed in MCRC Nos. 4628/2025 and 4925/2025, respectively, further the charge-sheet has been filed and he is in jail since 21.02.2026, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case and could not dispute the fact that the co-accused persons have been granted bail by this Court. 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 3 and gravity of offence and the fact that the applicant has no previous criminal antecedents, further the co-accused persons, namely, Surya Tandon and Nirbhay Madhukar Urf Solu have been granted bail by this Court vide order dated 24.07.2025 passed in MCRC Nos. 4628/2025 and 4925/2025, respectively, further the charge-sheet has been filed and he is in jail since 21.02.2026, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail is allowed. Let the Applicant- Pratyush Banjare, involved in Crime No. 315/2025 registered at Police Station – Masturi, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5) and 119(1) of Bharatiya Nyaya Sanhita (for short ‘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 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 sufficient 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. 4 (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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti