Chattisgarh High Court
Jayram Chauhan vs The State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12160
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2396 of 2026
Jayram Chauhan S/o Shri Sukhsagar Chauhan Aged About 38 Years R/o
Village Regdi, Thana - Lailunga, Distt. Raigarh Chhattisgarh
... Applicant
versus
The State of Chhattisgarh Through Station House Officer, Police Station -
Kotraroad, Distt. - Raigarh Chhattisgarh
... Non-applicant
For Applicant : Mr. Sunil Sahu, Advocates.
For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer.
Digitally
Hon'ble Mr. Ramesh Sinha, Chief Justice
signed by
ABHISHEK
ABHISHEK
SHRIVAS
SHRIVAS
Date:
Order on Board
2026.03.13
18:29:00
+0530
13.03.2026
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. 369/2025 registered at Police Station Kotraroad, District - Raigarh (C.G.), for the offences punishable under Sections 303(2), 112(2), 3(5), 314, 317(4) of the Bhartiya Nyaya Sanita, 2023.
2. The prosecution story, in short, is that the complainant, Ashwini Kumar Joshi, lodged a written report on 07.09.2025 against unknown persons, stating that on 31.08.2025 at about 1:00 P.M., he had parked his HF Deluxe motorcycle bearing registration No. CG-10-AQ-0828 and entered 2 the plant for his duty. At about 10:00 P.M., when he returned from duty, he found that his motorcycle was missing. He searched for the vehicle but could not locate it and thereafter lodged the written report. On the basis of the said report, an offence under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS) was registered. During the course of investigation, co-accused Hidayat Hussain was arrested and his memorandum statement was recorded. On the basis of the said memorandum, three motorcycles were seized. Subsequently, the present applicant was arrested and three motorcycles were seized from the house of co- accused Hidayat Hussain on 22.09.2025, as per the seizure memo. After completion of the investigation, the charge-sheet has been filed before the competent court.
3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He submits that the other co-accused person, namely Hidayat Hussain has already been granted regular bail by this Court in MCRC No. 8476 of 2025 vide order dated 26.11.2025. 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 opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. She further submits that the present applicant has 02 criminal antecedents under the IPC of the year 2010 and 2018, which shows that the applicant is a habitual offender, therefore, the applicant is not entitled to be grant of regular bail in the present case.
5. I have heard learned counsel for the parties and perused the case diary. 3
6. Taking into consideration the facts and circumstances of the case, particularly that the co-accused person, namely Hidayat Hussain, has already been granted regular bail by this Court in MCRC No. 8476 of 2025 vide order dated 26.11.2025, and further considering that the applicant has two criminal antecedents under the IPC of the years 2010 and 2018, which are old and stale cases, this Court deems it appropriate to extend the benefit of parity to the present applicant. It is also taken into account that the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 22.09.2025, and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity.
7. Let the Applicant - Jayram Chauhan, involved in Crime No. 369/2025 registered at Police Station Kotraroad, District - Raigarh (C.G.), for the offences punishable under Sections 303(2), 112(2), 3(5), 314, 317(4) of the Bhartiya Nyaya Sanita, 2023, be released on bail on his 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 sufficient cause, the trial court may proceed against him under Section 269 4 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
Abhishek