1 CGHC010287362026 2026:CGHC:33164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6898 of 2026 Ashish @ Sarju Yadav S/o Pawan Yadav Aged About 27 Years R/o Patharkhan Bhata, Thana- Bilha, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Bilha, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Sanjay Kumar Yadav, Advocates. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 251/2026, registered at Police Station – Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of the BNS. 2. The case of the prosecution, is that on dated 09.05.2026, complainant namely Anant Vijay Kant lodge report against unknown person and he is stated that, on dated 09.05.2026 at 11.00 am his neighbor namely Sushila Jogi give information regarding incident therefore complainant and his family members go to place of incident and see that house lock was broken and house hold things such as T.V, Fridge, Cooler, Gas Cylinder, Mixy, induction etc. & cash 5000, total rs 45000/- therefore RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Police lodge the F.I.R. against Unknown person and investigated the mater, and during the course of investigation, applicant was arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the co-accused has already been granted bail by this Court vide order dated 10.07.2026 passed in MCRC No.5243/2026. The applicant is in jail since 10.06.2026 and trial is likely to take quite long time for its conclusion, therefore, on the ground of parity he may be granted bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant, but could not dispute the fact that co-accused person has already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. 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, and the fact that the co-accused has already been granted bail by this Court vide order dated 10.07.2026 passed in MCRC No.5243/2026, and the applicant is in jail since 10.06.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Let applicant – Ashish @ Sarju Yadav, involved in Crime No. 251/2026, registered at Police Station – Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of the BNS, be released on bail on his furnishing a personal bond with 3 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 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. 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 Rajshekhar