2024:CGHC:47516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8411 of 2024 Mahesh Bajaj @ Mahaveer S/o Chandram Bajaj Aged About 65 Years R/ o Vill. Tenduwahi, P.S. Tumgaon Teh And Dist. Mahasamund, Chhattis-

garh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Sankara, Dist.

Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Anway Tiwari, Advocate.(through video conferencing)

For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

03.12.2024

1. The applicant has preferred this First Bail Application under Section

483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 122/2024, registered at Police Station : Sankara, District – Mahasamund (C.G.) for the offence punishable under Sections

62(2)(n) and 3(5) of Bhartiya Nyay Sanhita.

2. The case of the prosecution, in brief, is that the victim/complainant, aged about 35 years, submitted a written complaint on 05.09.2024, at the Sankara Police Station. The report pertains to an incident that occurred between 31.08.2024 and 01.09.2024. The complainant alleged that the main accused, Ashok Sanvra and with his co- accused persons committed forced intercourse with her. However, the police arrested the present applicant along with co-accused.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the other co-accused person, namely, Uddhav Sahu, has already been granted regular bail by this Hon’ble Court in MCRC No. 8298 of 2024 vide order dated 28.11.2024. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity.

4. On the other hand, learned State counsel, appearing for the non -

applicant/State, opposes the bail application of the present applicant.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts & circumstances of the case that in the present case, the co-accused person, namely, Uddhav Sahu, has already been granted regular bail by this Hon’ble Court in MCRC No. 8298 of 2024 vide order dated 28.11.2024. Therefore, I am inclined to grant regular bail to the present applicant on the ground of parity.

7. Let applicant, Mahesh Bajaj @ Mahaveer , involved in Crime No.

122/2024, registered at Police Station : Sankara, District – Mahasamund (C.G.) for the offence punishable under Sections 62(2)(n) and 3(5) of Bhartiya Nyay Sanhita, 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 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 sufÏcient 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 sufÏcie