1 2026:CGHC:8800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1628 of 2026 1 - Krishna Kumar S/o Samla Aged About 19 Years R/o Village Dhandhapur, Dumarpara, Police Station Rajpur, District Balrampur- Ramanujganj C.G. 2 - Anil Singh Alias Chullu S/o Mohar Singh Aged About 19 Years R/o Village Dhandhapur, Dumarpara, Police Station Rajpur, District Balrampur-Ramanujganj C.G. ... Applicants versus State of Chhattisgarh Through Police Station- Rajpur District Balrampur- Ramanujganj C.G. ... Non-Applicant For Applicant : Ms. Prachi Diwan, Advocate For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2026 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 applicants who have been arrested in connection with Crime No. 40/2025 registered at Police Station- Rajpur District Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story, in brief, is that the complainant, Ramsigh Sandilya, lodged a report at the concerned police station stating that on 24.02.2025 at about 7:00 PM, his nephews, Sonu and Mannu, had gone from village Gopalpur to Dhamdhapur in a wedding procession (barat), where they were dancing and singing during the function. It is alleged that Lal Bahadur, Panda, Samla, and Krishna abused and assaulted Sonu and Mannu with sticks, used obscene language, and threatened to kill them, questioning why outsiders were making the girls of their village dance. On the basis of the said report, a crime was registered against the applicants and other co-accused persons. Hence, this application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the aforesaid offence. It is further submitted that the material witness, including the injured witness Sonu Sandilya, has been examined before the trial Court and has not supported the case of the prosecution, and a copy of his deposition is filed herewith as Annexure A/3. It is also submitted that the applicants were arrested on the basis of a memorandum, which is not admissible in evidence before the Court. She further submits that similarly situated co-accused person, namely, Karamchand, has already been granted bail by this Hon’ble Court vide order dated 28.10.2025 passed in MCRC No. 8537/2025. He also submits that the applicants have no criminal antecedents, and they are in jail since 25.04.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicants on the ground of parity. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court. She further submits that as per the prosecution case, the complainant Ramsigh Sandilya reported that on 24.02.2025 at about 7:00 PM, his nephews Sonu and Mannu were assaulted with sticks, abused in obscene language, and threatened to be killed by the accused persons during a wedding function at Dhamdhapur. It is contended that the allegations are serious in nature and a prima facie case is made out against the applicants on the basis of the material available on record; therefore, the applicants are not entitled to the benefit of bail. 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 that though the applicants along with other co-accused persons were assaulted with sticks, abused in obscene language, and threatened to the complainant, but other co-accused person, namely, Karamchand, has already been granted bail by this Court vide order dated 28.10.2025 passed in MCRC No. 8537/2025, and the case of present applicants are identical to that of the co- accused person, further the applicants have no criminal antecedents, the charge-sheet has been filed in the present case and they are in jail since 25.04.2025, the conclusion of the trial will take some more time, hence, this Court is of the view that the applicants are entitled to be released on bail in this case on the 4 ground of parity. 7. Accordingly, the bail application is allowed. Let the applicants - Krishna Kumar and Anil Singh Alias Chullu, involved in Crime No. 40/2025 registered at Police Station- Rajpur District Balrampur- Ramanujganj, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial 5 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan