1 2026:CGHC:2194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 463 of 2026 Nitesh Basor S/o Naresh Basor, Aged About 19 Years R/o Ghutri, Dafai, Churcha Tahsil Baikunthpur, District Koriya C.G. ... Applicant versus State of Chhattisgarh Through The Station House O,cer, Police Station Churcha District Koriya C.G. ... Non-Applicant For Applicant : Mr. Pritam Kumar Tiwari, Advocate For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the 5rst bail application 5led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 201/2025 registered at Police Station- Churcha District Koriya, (C.G.) for the o=ence punishable under Sections 331(4), 305(e) and 310(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 14.10.2025, the complainant along with his co-workers was present at their RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 workplace, namely the 56 Label Pump, during night duty, when they heard the sound of cutting. Upon proceeding to the spot, the complainant and his co-workers allegedly noticed about 10–12 persons with their faces and mouths covered, armed with sickles and sticks. It is alleged that the said persons threatened the complainant and his colleagues, made them sit at one place, and in furtherance of their common intention, cut approximately 450 meters of cable wire using sickles and cutters and carried the same away. It was further informed by the guards, namely Jitendra Yadav and Sunil Barla, that the applicant/accused Nitesh Basor, along with co-accused persons namely Sunil Panika, Mangal alias Golu, Purushottam, Mohit, Ayodhya, Sameer, Rajkumar, Kishan, Kabira, Shamsher, Suman Panika and Suresh Panika, had entered Charcha East Mine and removed the copper cable wire. During the course of investigation, a bamboo stick was allegedly seized from the possession of the applicant Nitesh Basor. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any o=ence and he has been falsely implicated in o=ence in question. He further submits that nothing has been seized from the possession of the present applicant. He further submits that similarly situated co-accused person, namely, Mohit Kumar has already been granted bail by this Court vide order dated 09.01.2026 in MCRC No. 230/2026. He also submits that the applicant has no criminal antecedents, and he is in jail since 17.10.2025, the charge- sheet has been 5led and the trial is likely to take some time for its 3 conclusion. Therefore, he 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 of the applicant and submits that the charge-sheet has been 5led, but could not dispute the fact that co-accused 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 appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of o=ence, period of detention of the applicant since 17.10.2025, the fact that though the present applicant and other co-accused were committed the said crime, but other co- accused person, namely, Mohit Kumar has already been granted bail by this Court vide order dated 09.01.2026 in MCRC No. 230/2026, and the case of present applicant is identical to that of the co-accused person, further the applicant has no criminal antecedents, the charge-sheet has been 5led in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Nitesh Basor, involved in Crime No. 201/2025 registered at Police Station- Churcha District Koriya, (C.G.) for the o=ence punishable under Sections 331(4), 305(e) and 310(2) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond 4 with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 5le an undertaking to the e=ect that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without su,cient 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 5xed 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 5xed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the 5 opinion of the trial court absence of the applicant is deliberate or without su,cient 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. O,ce is directed to provide a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan