1 CGHC010176852026 2026:CGHC:29427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4222 of 2026 Kishan Basor S/o Rajendra Basor Aged About 25 Years R/o Charcha Colliery, Ghuthri Dafai Tahsil Baikunthpur, District Koriya (C.G.) --- Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Churcha, District Koriya (C.G.) --- Non-Applicant MCRC No. 4500 of 2026 Suman @ Sudesh Panika S/o Bechu Lal Panika Aged About 30 Years R/o Ghutri Dafai Charcha, P.S. Charcha, Distt. Korea, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Charcha, Distt. Korea, Chhattisgarh. --- Non-Applicant MCRC No. 5837 of 2026 Ravi Kumar S/o Ram Prasad Agariya Aged About 19 Years R/o Cherha Para, Charcha, Police Station - Charcha, District Korea Chhattisgarh ---Applicant Versus KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.15 10:24:50 +0530 2 State Of Chhattisgarh Through Station House Officer, Police Station Charcha, District Korea Chhattisgarh --- Non-Applicant MCRC No. 4229 of 2026 Dayashankar @ Sameer S/o- Daya Ram Aged About 19 Years R/o- Ghuthri Dafai Chucha Thana Churcha, Dist- Koriya (C.G.) ---Applicant Versus State Of Chhattisgarh Through The Station House Officer Police Station Churcha, District- Koriya (C.G.) --- Non-Applicant For Applicants in MCRC Nos.4222/26 & 4229/26 : Shri Pritam Kumar Tiwari, Advocate. For Applicants in MCRC Nos.4500/26 & 5837/26 : Shri Pawan Shrivastava, Advocate. For Non-Applicant : Miss Anusha Naik, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/07/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. It is pertinent to mention that MCRC No.4500/2026 is the second bail application on behalf of the applicant. The earlier bail application of the applicant therein was rejected by this Court on the ground that the applicant has 12 previous criminal antecedents and the applicant has not properly stated the details of the antecedents, vide order dated 27.4.2026 passed in MCRC 3 No.3589/2026, whereas the other bail applications preferred by the respective applicants are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. 3. The Applicants have preferred these bail applications for grant of regular bail, as they are arrested in connection with Crime No.201/2025 registered at Police Station Churcha, District Koriya (C.G.) for the offence under Sections 331 (4), 305 (e), 310 (2) of the BNS, 2023. 4. Case of the prosecution, in brief, is that on 14.10.2025, the complainant along with his co-workers had gone to their workplace, namely 56 Label Pump, for night duty. During that time, they heard the sound of cutting from a nearby area. Upon reaching the spot, they allegedly saw 10–12 unknown persons with their faces covered, armed with sickles and sticks. The said persons threatened the complainant and his co-workers and forced them to sit at one place. Thereafter, in furtherance of their common intention, the accused persons allegedly cut and removed about 450 meters of cable wire using sickles and cutters and took it away. It has further been stated by guards Jitendra Yadav and Sunil Barla that the present applicants along with other co-accused namely Nitesh, Purshotam, Mohit, Mangal @ Golu, Ayodhya, Sameer, Ramkumar, Kishan, Kabira, Shamsher and Suman Panika, had gone to Churcha East Mine and committed the said act of theft of copper cable wire. During the 4 course of investigation, FIR was registered against the applicants and other co-accused persons. Hence, the present bail applications. 5. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. They further submit that bail applications of identically situated co-accused persons, namely, Purushottam @ Golar Basor, Suresh Kumar Panika and Ayodhya Basor have already been granted bail by this Court vide common order dated 12.03.2026 passed in MCRC Nos.1174 of 2026, MCRC No.1792 of 2026 and MCRC No.1473 of 2026. Learned counsel for the applicants submit that in MCRC No.4222/2026, the applicant has 2 criminal antecedents registered in the year 2022 & 2024; in MCRC No.4229/2026 the applicant has 1 criminal antecedent of the year 2024; in MCRC No.5837/2026 the applicant does not have any criminal antecedent, and in MCRC No.4500/2026 the applicant has 12 criminal antecedents, out of which in 4 cases the applicant has already been acquitted whereas 8 cases are pending. Therefore, they pray for grant of bail to the applicants on the ground of parity. 6. On the other hand, learned State Counsel opposes the bail applications and submits that the charge-sheet has already been filed. However, she could not dispute the fact that co-accused persons have already been granted bail by this Court. 5 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants and the fact that co-accused persons, namely, Purushottam @ Golar Basor, Suresh Kumar Panika and Ayodhya Basor have already been granted bail by this Court vide common order dated 12.03.2026 passed in MCRC Nos.1174 of 2026, MCRC No.1792 of 2026 and MCRC No.1473 of 2026 and the case of present applicants is identical to that of the said co-accused persons, also considering that in MCRC No.4222/2026, the applicant has 2 criminal antecedents registered in the year 2022 & 2024; in MCRC No.4229/2026 the applicant has 1 criminal antecedent of the year 2024; in MCRC No.5837/2026 the applicant does not have any criminal antecedent, and in MCRC No.4500/2026 the applicant has 12 criminal antecedents, out of which in 4 cases the applicant has already been acquitted whereas 8 cases are pending, and that the charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail. Accordingly, the Applications are allowed. 9. Accordingly, the Applications are allowed. 9. Let the Applicant – Kishan Basor, Dayashankar @ Sameer, Suman @ Sudesh Panika & Ravi Kumar, involved in Crime No. 201/2025 registered at Police Station Churcha, District Koriya (C.G.) for the offence under Sections 331 (4), 305 (e), 310 (2) of the BNS, be released on bail on furnishing personal bond with 6 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 his absence, without sufficient 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 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 applicants shall remain present, in person, before the trial court on the dates fixed for (i) 7 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 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. 10.Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Barve