1 2026:CGHC:23754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4717 of 2026 1. Devlal Verma S/o. Late Naresh Verma Aged About 45 Years R/o. At Raj Vatika, V-01, Semaria, P.S. Vidhansabha, Raipur (C.G.) 2. Ajay Thakur S/o. Nakul Thakur Aged About 38 Years R/o. At Village Marra Patan, District- Durg (C.G.) ... Applicants versus State of Chhattisgarh Through P.S. Khamardih, District- Raipur (C.G.) ... Non-Applicant For Applicants : Mr. Lukesh Kumar Mishra, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.06.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 42/2025 (not mentioned in impugned order), registered at Police Station – Khamardih, District- Raipur (C.G.) for the offence punishable under Sections 310(2), 331(5), 123, 351(3), 61(2), 168, 238 of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. As per the prosecution story, the complainant lodged a complaint at the concerned Police Station alleging that, on the date of the incident, certain unknown persons entered his house and robbed cash amounting to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.16 11:55:58 +0530 2 approximately Rs. 66,25,000/-. They also took away three gold chains and three old mobile phones after threatening the occupants with a pistol. Thereafter, the accused persons fled from the spot. Pursuant to the said complaint, Crime No. 42/2025 was registered. During the course of investigation, the applicants were arrested. Subsequently, the charge-sheet was filed, and the case is presently fixed for recording of prosecution evidence. However, despite the lapse of more than one year, the applicants continue to remain incarcerated, and only two prosecution witnesses have been examined till date. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Learned counsel further submits that the co-accused persons Shahid Taj and Manuraj Mourya have already been granted bail by this Court vide orders dated 24.04.2026 and 07.05.2026 passed in M.Cr.C. Nos. 3512/2026 and 4238/2026 respectively. The case of the present applicant is stated to be identical to that of the said co-accused persons. It is further submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed in the matter and the applicant has been in judicial custody since 14.02.2025. Considering that the trial is likely to take considerable time to conclude, learned counsel prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been filed in the present case. However, he could not dispute the fact that other co-accused persons, who are similarly situated, have already been granted bail by this Court. He further submits that the applicant has no previous criminal antecedent. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that the co-accused persons Shahid Taj and Manuraj Mourya have already been granted bail by this Court vide orders dated 24.04.2026 and 07.05.2026 passed in M.Cr.C. Nos. 3512/2026 and 4238/2026 respectively, the case of the present applicant is stated to be identical to that of the said co-accused persons, further the applicants have no previous criminal antecedents, the charge-sheet has already been filed in the matter and the applicants have been in judicial custody since 14.02.2025, the conclusion of the trial will take some more time, therefore, this Court is of the considered view that the applicants are entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1 and 2 - Devlal Verma and Ajay Thakur, involved in Crime No. 42/2025 (not mentioned in impugned order), registered at Police Station – Khamardih, District- Raipur (C.G.) for the offence punishable under Sections 310(2), 331(5), 123, 351(3), 61(2), 168, 238 of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, be released on bail on their 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 4 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 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 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