1 CGHC010330702026 2026:CGHC:38110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7915 of 2026 1 - Parmeshwar Sarthi S/o Johan Lal, Aged About 28 Years R/o Shantinagar, Balgi Project (Wrongly Mentioned As Lagi Pariyojna), Police Station - Bankimongra, District - Korba (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Dipka, District - Korba (C.G.) ... Non-applicant For Applicant : Ms. Divya Sahu, Advocate. For State/Non-applicant : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.08.2026 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. 114/2026 registered at Police Station – Deepka, District Korba (C.G.) for the offence under Sections 329(2), 303(2), 338, 336(4), 340, 111 NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.08.25 19:16:01 +0530 2 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that a written application was submitted on 17.03.2026 and lodged a report at Police Station Deepka, District Korba stating that on 17.03.2026, at about 3:30 PM, CISF personnel at Gevra Mines intercepted suspicious Bolero No. CG-12- BU-6589 after its driver allegedly attempted to run over two CISF personnel near the SECL canteen. The vehicle was later stopped at Junadih Railway Siding, where Jitendra Kumar Vishwakarma was apprehended. About 80 litres of diesel in four jerrycans and a diesel extraction pipe were recovered. During interrogation, Jitendra disclosed that he and his associates had illegally entered the restricted SECL Gevra Mine area and stolen diesel from Dumper No. 1866. On the complaint of CISF Head Inspector Rinchen Lamu, a case was registered under Sections 329, 303(2) and 3(5) of BNS. During the investigation, co-accused Parameshwar Sarathi disclosed the involvement of Shabbir Memon, Naveen Kashyap and others and was arrested on 02.06.2026. A panchnama was prepared for the absconding accused, and a charge-sheet was filed against the arrested accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the commission of the offence. She further submits that the allegations levelled against the present applicant arise out of the same transaction for which co-accused Jitendra Kumar Vishwakarma has already been arrested and prosecuted. The said co-accused has been enlarged on bail by this Hon'ble Court vide order dated 10.07.2026 passed in M.Cr.C. No. 6129 3 of 2026. She submits that the applicant has been in jail since 02.06.2026, therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted in the present case before the competent Court and the present applicant has two criminal antecedents against him, therefore, the present applicant is not entitled for grant 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, nature and gravity of allegation levelled against the applicant and the fact that the co-accused person, namely, Jitendra Kumar Vishwakarma has already been enlarged on bail by this Court vide order dated 10.07.2026 in M.Cr.C. No. 6129 of 2026, the charge-sheet has been filed and the applicant is in jail since 02.06.2026, therefore, this Court is of the considered view that the present applicant is also entitled to be grant regular bail. 7. Let the Applicant – Parmeshwar Sarthi involved in Crime No. 114/2026 registered at Police Station – Deepka, District Korba (C.G.) for the offence punishable under Sections 329(2), 303(2), 338, 336(4), 340, 111 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 be released on bail on furnishing personal bond with two local 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 4 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 5 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 Nikita