[Cites 11, Cited by 0]
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
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.
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
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
