1 2025:CGHC:31689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3244 of 2025 Gaurav Chaturvedi S/o Bharatraj Chaturvedi Aged About 40 Years R/o- Chouhan Town Ji, 01/07, Smriti Nagar, Bhilai District- Durg (C.G.) ... Applicant versus Union Of India Through The Station House Officer, Police Station- R.P.F., Bhatapara, District- Baloudabazar-Bhatpara (C.G.) ... Respondent For Applicant : Shri Shivendu Pandya, Advocate. For Respondent/UOI : Shri Ramakant Mishra, Deputy Solicitor General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2025 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 connection with Crime No.04/2025 registered at Police Station R.P.F., Bhatapara, District Baloudabazar-Bhatpara (C.G.) for the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.10 10:48:06 +0530 2 offence punishable under Section 03 (a) of R.P.U.P. Act. 2. Case of the prosecution, in brief, is that Police has arrested the applicant along with other accused persons on the basis of suspicion for theft for offence punishable u/s 03 (a) of R.P.U.P. Act. The allegation against the applicant along with other accused persons that the present accused/applicant along with other accused persons committed theft of piece of the rail line between the Mandhar-Silyari Railway Track. It is alleged that the applicant along with other accused persons have stolen the piece of the rail line and one of the truck bearing registration no. CG/10/Y/8522 was standing near the incident place. The police registered the offence punishable under 03 (a) of R.P.U.P. Act against the present accused/applicant along with other accused persons at crime No.04/2025 regarding the theft of above said article. The Police has arrested the present accused/applicant along with other accused persons only of the basis of suspicion of theft of the aforesaid article. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the police has registered the offence against the present accused/applicant and arrested the applicant only on the basis of suspicion, whereas there is no any offence committed by the present accused/applicant. He would submit that the stolen property has not been seized from the possession of the present applicant. He would submit that similarly placed accused person 3 namely Sunil Giri, Sagar Bharti and Jaiprakash Yadav in this case have already been granted regular bail by the learned 2nd Additional/Upper Sessions Judge, Raipur, District Raipur (C.G.). He would submit that the applicant has no criminal antecedents and he is in jail since 19/02/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned Deputy Solicitor General appearing for the respondent/UOI opposes the bail application and he would submit that charge sheet has been filed in the present case. He would further submit that the applicant has no criminal antecedents. 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 and gravity of offence, considering the fact that the applicant has no criminal antecedents, period of detention of the applicant since 19/02/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Gaurav Chaturvedi, involved in Crime No.04/2025 registered at Police Station R.P.F., Bhatapara, District Baloudabazar-Bhatpara (C.G.) for the offence punishable under 4 Section 03 (a) of R.P.U.P. Act, be released on bail on his furnishing a 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) 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri