1 2025:CGHC:39289 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3505 of 2025 1 - Surendra Yadav S/o Harishankar Yadav Aged About 18 Years, 2 - Lalu Yadav S/o Harigwal Aged About 19 Years, 3 - Ishwar Chakradhari S/o Budharu Ram Chakradhari Aged About 21 Years, All of R/o Village Arjuni, Police Station- Bhatapara, District- Baloudabazar (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Bhatapara Gramin, District- Baloudabazar (C.G.) ... Respondent For Applicants : Shri Shivendu Pandya, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 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 applicants who have been arrested in connection with Crime No.170/2025 registered at Police Station Bhatapara Gramin, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.07 20:38:51 +0530 2 Baloudabazar (C.G.) for the offence punishable under Sections 126(2), 324(4), 3(5) of the B.N.S. & Section 150 of the Railway Act. 2. Case of the prosecution, in brief, is that on 14/03/2025, the complainant namely Gopal Kumar Verma lodged the report against the unknown persons that on the date of incident i.e. on 14/03/2025 at about 01:39 PM, some unknown persons kept the 2 piece of iron railway track measuring about 5 meter & 3 meter in the rail line track near the Arjuni Railway Gate on which incoming line of the Bhatapara was obstructed and one of the goods train no. BCN/MT was dashed from the 2 piece of iron railway track but driver of the goods train & other railway employee came in the incident place and removed the 2 piece of iron railway track from the spot, thereafter, the rail line of above side was started as well as the driver of the goods train stated regarding the loss of kettle guard and no any big accident happened by the said act of the applicants. The police arrested the present applicants on the basis of suspicion, thereafter, police officer has registered an offence punishable under section 126(2), 324(4) 3(5) of B.N.S. and 150 of Railway Act at crime No. 170/2025. 3. Learned counsel for the applicants submits that the the applicants are innocent and they have been falsely implicated in this case. He would submit that the alleged 2 piece of iron railway track have not been kept by the present applicants neither they have any knowledge of the railway track and who has kept it and the police without carrying any investigation and only on the basis of suspicion arrested the present applicants. He would submit that the applicants are in jail since 3 23/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application. 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 of allegation levelled against the applicants, period of detention of the applicants since 23/03/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant No.1-Surendra Yadav, Applicant No.2 -Lalu Yadav and Applicant No.3-Ishwar Chakradhari, involved in Crime No.170/2025 registered at Police Station Bhatapara Gramin, District Baloudabazar (C.G.) for the offence punishable under Sections 126(2), 324(4), 3(5) of the B.N.S. & Section 150 of the Railway Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In 4 case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri