1 2026:CGHC:4944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 969 of 2026 Karan Banerjee S/o Late Shri Merkanti Banerjee Aged About 19 Years R/o Devrikhurd Near Fci Godown (Wrongly Mentioned As Godam), P.S. Torwa, Distt. Bilaspur, Chhattisgarh. --- Applicant(s) versus State Of Chhattisgarh Through P.S. Torwa, Distt. Bilaspur, Chhattisgarh. --- Respondent(s) For Applicant(s) : Mr. Danish Anmad Siddiqui, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 119/2025 registered at Police Station Torwa, Distt. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bilaspur (C.G.) for the offence punishable under Sections 351(3), 109, 191(3), 190, 296, 351(2), 3(5) of BNS and Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that as per the facts narrated in the FIR, the complainant along with his friend Arun Das was attacked near the water tank by the present accused and his associates, who were armed with deadly weapons. During the said assault, Arun Das sustained injuries and was subsequently taken to the hospital for medical treatment. On the basis of the said incident, the police registered the FIR against the accused persons for the offences punishable under Sections 351(3), 109, 191(3) and 190 of the BNS, as well as Sections 25 and 27 of the Arms Act, and initiated investigation. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 08.10.2025 in MCRC No.7954 of 2025, therefore this second bail application is filed on the ground that the bail applications of two of the co-accused persons have already been allowed by this Court vide orders dated 08.10.2025 and 26.11.2025 in MCRC Nos.7916/2025 and 9616/2025 thereafter on the ground of parity one co-accused, namely, Manish Shrivas has also been granted bail vide order dated 19.01.2026 in MCRC No.663/2026, therefore, on the ground of parity present applicant be also enlarged on bail as he is in jail since 10.07.2025. So far 3 as the status of trial is concerned, charge framed against the applicant on 29.08.2025, but thereafter, none of the prosecution witness has appeared before the trial Court for recording of statement as there are 18 witnesses. 4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant along with co-accused persons assaulted the injured with knife on his abdomen, due to which, the injured sustained grievous injuries on his person. She further submits that the co-accused persons, who were granted bail have different role than the present applicant as the applicant is the main assailant. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 08.10.2025 in MCRC No. 7954 of 2025 on the ground that present applicant along with co-accused persons assaulted the injured with knife on his abdomen, due to which, the injured sustained grievous injuries on his person, but considering the fact that the bail applications of two of the co-accused persons have already been allowed by this Court vide orders dated 08.10.2025 and 26.11.2025 in MCRC Nos.7916/2025 and 9616/2025 thereafter 4 on the ground of parity one co-accused, namely, Manish Shrivas has also been granted bail vide order dated 19.01.2026 in MCRC No.663/2026, further the applicant has no criminal antecedent and charge-sheet has been filed, as such, on the ground of parity, present applicant is also entitled to be enlarged on bail. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Karan Banerjee, involved in Crime No. 119/2025 registered at Police Station Torwa, Distt. Bilaspur (C.G.) for the offence punishable under Sections 351(3), 109, 191(3), 190, 296, 351(2), 3(5) of BNS and Sections 25 and 27 of Arms Act, 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 5 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 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. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. 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 Akhil