1 2025:CGHC:39288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3249 of 2025 Roshan Dhruv S/o Ramsharan Dhruv Aged About 22 Years R/o Village- Arjuni, Police Station - Bhatapara, District - Baloda-Bazaar (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station - Bhatapara (Gramin) District- Baloda - Bazaar (C.G.) ... Respondent For Applicant : Shri Vimlesh Bajpai, 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 applicant who has been arrested in connection with Crime No.170/2025 registered at Police Station Bhatapara (Gramin) District Baloda - Bazaar (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. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.07 20:37:36 +0530 2 2. Case of the prosecution, in brief, is that complainant Gopal Kumar Verma lodged a report on 15/03/2025 alleging that on 14/03/2025 at about 01:39 pm, information was received that near the village Arjuni railway gate (MRLB Private Siding Km. 13/01-12/15 between Bhatapara to Ambuja Siding), two pieces of railway line lying on the side of the railway line, whose length was 5 and 6 meters respectively, were cut by unknown miscreants which are about 5 meter and 3 meter, was lifted and put on the railway line track, due to which Goods train number BCN/MT coming from Bhatapara side collided, on which its employees reached the spot and on being asked by the railway driver, they removed the pieces of the rail line from the track. The railway driver told that the cattle guard of his engine was damaged but no major accident occurred. On the said report, a crime was registered against the accused and investigation was taken up. 3. Learned counsel for the applicant submits that the the applicant is innocent and he has been falsely implicated in this case. He would submit that the said pieces of rail track was very massive and it is not possible to move, so the prosecution case itself is doubtful. He would submit that the applicant is in jail since 23/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 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 applicant, period of detention 3 of the applicant 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 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-Roshan Dhruv, involved in Crime No.170/2025 registered at Police Station Bhatapara (Gramin) District Baloda - Bazaar (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 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. 4 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri