1 2025:CGHC:28270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3146 of 2025 Gaaji Khan S/o Shabbir Khan Aged About 46 Years R/o House No.- 1707, Ward No.-45, Gousiya Chowk, Nayapara, Raipur, Tahsil And District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - The District Magistrate - Raigarh, District - Raigarh (C.G.), (Concerned Police Station - Kotra Road, District - Raigarh) ... Respondent For Applicant : Shri Hari Agrawal, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/06/2025 1. This is the first bail application filed 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:40:17 +0530 2 connection with Crime No.500/2024 registered at Police Station Kotra Road, District- Raigarh (C.G.) for the offence punishable under Sections 303(2), 238, 317(4), 324(5), 3(5) of BNS and section 130(3)/177 of the Motor Vehicle Act, 1988. 2. Case of the prosecution, in brief, is that on 09.12.2024, the complainant namely Mahbub Khan filed a report to the effect that he is owner of a Truck bearing no. CG 11 AB 1587, which was parked near Saarthi Petrol Pump for the past seven days due to the ill health of his driver. Further, on 06.12.2024 at around 10 PM in night, he saw his Truck at the parked place but on 07.12.024 at around 5 AM, he found that his Truck was not at the parked place, which was not traced even after inquiry, as such, the complainant filed a report alleging theft of his Truck by unknown persons. Accordingly, an FIR was registered under section 303(2) BNS against unknown persons. During the course of investigation, on the basis of GPS location, the Truck was found in the garage/yard of co-accused person Sheikh Hamid @ Guddu. Thereafter on the basis of memorandum statement of the aforesaid co-accused, the applicant herein and other accused persons were apprehended, wherein they admitted their guilt. 3. Learned counsel for the applicant submits that out of the two cases which were registered case crime no.139/2017 Police Station Amanaka, Raipur under section 13 of the Gambling Act is not related to the applicant. The said fact has been mentioned in para 4 of the additional affidavit filed, so far as case crime 3 no.56/2017 Police Station Jamul Durg under Section 406, 34 of IPC the applicant was granted bail by the Sessions Court on 9/11/2017 and thereafter charge sheet was filed and the trial was pending and the applicant could not appear before the trial court and due to his non-appearance,. permanent warrant of arrest has been issued on 23/11/2021 and vide order dated 6/12/2023 the trial court has closed the trial for non-appearance of the accused persons including the applicant. He would submit that in this case the applicant is in jail since 17/12/2024 and trial is likely to some time for its conclusion, therefore he be released on bail. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that in case crime no.56/2017 registered against the applicant at Police Station Jamul, Durg under Section 406, 34 of IPC the applicant was granted bail by the Sessions Court on 9/11/2017 and thereafter charge sheet was filed and the trial was pending and the applicant could not appear before the trial court and due to his non-appearance, permanent warrant of arrest has been issued on 23/11/2021 and vide order dated 6/12/2023 the trial court has closed the trial for non-appearance of the accused persons including the applicant, applicant is absconding in that 4 case, permanent arrest warrant has been issued and if he is released on bail in this present case, there is every likelihood that trial of the present case would be hampered, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Gaaji Khan involved in Crime No.500/2024 registered at Police Station Kotra Road, District- Raigarh (C.G.) for the offence punishable under Sections 303(2), 238, 317(4), 324(5), 3(5) of BNS and section 130(3)/177 of the Motor Vehicle Act, 1988, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri