1 2026:CGHC:6320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1238 of 2026 Sanjay Dewangan S/o Chhote Lal Dewangan Aged About 20 Years R/o Navagarh Ambikapur P.S. Kotwali Ambikapur District Surguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House O昀케cer, P.S. Ambikapur District Surguja Chhattisgarh. ... Non-Applicant For Applicant : Mr. Nishi Kant Sinha, Advocate For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. This is the 昀椀rst bail application 昀椀led 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. 553/2025 registered at Police Station- Ambikapur District Surguja, (C.G.) for the o昀昀ence punishable under Sections 296, 351(3), 119(1), 115 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 08.08.2025 at about 11:30 p.m., the applicant along with the co-accused persons RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 assaulted the complainant, his sister and his father after a dispute arose when the applicant demanded money for purchasing liquor and the complainant refused to give the same. On the basis of the said incident, the present o昀昀ence was registered and the applicant was subsequently arrested. Hence, the present bail application has been 昀椀led. 3. Learned counsel for the applicant submits that the applicant has not committed any o昀昀ence and he has been falsely implicated in o昀昀ence in question. He further submits that deliberately the report was not lodged on the same night for the reason that the complainant was in drunk state and applicant has ben made accused only because he is friend of co-accused Badal on whom the allegation of assaulted has been alleged. He further submits that similarly situated co- accused person, namely, Badal Sarthi has already been granted bail by this Court vide order dated 31.01.2026 in MCRC No. 57/2026. He also submits that the applicant has no criminal antecedents, and he is in jail since 14.12.2025, the charge-sheet has been 昀椀led and the trial is likely to take some time for its 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 昀椀led before the competent Court, 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. 3 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昀昀ence, period of detention of the applicant since 14.12.2025, the fact that though the present applicant and other co-accused were committed that said crime, but other co- accused person, namely, Badal Sarthi has already been granted bail by this Court vide order dated 31.01.2026 in MCRC No. 57/2026, 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 昀椀led in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Sanjay Dewangan, involved in Crime No. 553/2025 registered at Police Station- Ambikapur District Surguja, (C.G.) for the o昀昀ence punishable under Sections 296, 351(3), 119(1), 115 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed for evidence when the witnesses are present in court. In case of default of this condition, it shall be 4 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 昀椀xed 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 昀椀xed 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 su昀케cient 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. 5 8. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan