1 2026:CGHC:7842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1520 of 2026 Avinash Sharma S/o Narendra Sharma Aged About 22 Years R/o Ward No. 13 Vikash Nagar, Chakarbhatha, P.S. Chakarbhatha, Tehsil And Distsrict- Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Chakarbhatha, Bilaspur, District- Bilaspur C.G. ... Non-Applicant(s) For Applicant : Mr. Sourabh Sharma, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/02/2026 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 applicant who has been arrested in connection with Crime No. 39/2026 registered at Police Station- Chakarbhata, District- Bilaspur (C.G.), for the offence punishable under Section 309(6) of BNS. 2. Case of the prosecution, in brief, is that a report was lodged by the complainant, namely Arnav @ Yug Mishra, before Police Station Chakarbhatha, Bilaspur, alleging that on 16.01.2026 at about 11:30 PM, after having dinner at Hotel Shiva-In, when he along with his friend reached near the outer gate of the hotel, some persons were KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 standing there. One of them, wearing a yellow hoodie jacket, demanded money to consume liquor. When the complainant refused to give money, the said person started abusing and assaulted him and thereafter took a sum of Rs. 900/- from the back pocket of his pant. All of them also abused his friend, Shubham Makhija, and ran away from the spot, saying that his name is Avinash Sharma, resident of Chakarbhatha. On the basis of said written complaint the police registered an aforesaid offence against the applicant along with co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that similarly situated co-accused namely Gulshan Sahu @ Gulshan Kumar Sahu has been granted bail by this Court in MCRC No. 1481/2026, vide order dated 11.02.2026 and the applicant is in jail since 17.01.2026 and the conclusion of the trials is likely to take some time therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel, appearing for the State/non-applicant, submit that the charge-sheet has been filed before the competent Court and the trial is currently in progress. He further concur with the submission made on behalf of the applicant to the effect that the principle of parity may be considered, however, he contend that the serious nature of the offences, the ongoing investigation and the possibility of influencing witnesses weigh against granting bail to the applicant at this stage. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence and the period of detention of the applicant since 17.01.2026, and further taking into consideration the fact that a similarly situated co-accused, namely Gulshan Sahu @ Gulshan Kumar Sahu, has been granted bail by this Court in MCRC No. 1481/2026 vide order dated 11.02.2026, as well as the fact that the charge-sheet has been filed before the competent Court and though the applicant has one criminal antecedent in which a compromise was arrived at resulting in acquittal, this Court, without expressing any opinion on the merits of the case, is inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Avinash Sharma, involved in Crime No. 39/2026 registered at Police Station- Chakarbhata, District- Bilaspur (C.G.), for the offence punishable under Section 309(6) of 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 4 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 for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal