1 2025:CGHC:25960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3521 of 2025 Gopi Dhiwar S/o Bhuneshwar Dhiwar Aged About 24 Years R/o Palod Bajar Chowk, P.S. Mandir Hasaud, District- Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Mandir Hasaud, Raipur, Distt.- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Akash Sahu, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.06.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 117/2025, registered at Police Station – Mandir Hasaud, Raipur, District - Raipur (C.G.) for the offence punishable under Section 326 (G) of Bharatiya Nyay Sanhita, 2023. 2 The case of the prosecution, in brief, is that on 25.03.2025, the complainant while sleeping at night at about 1:30 am he sensed the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.20 10:52:48 +0530 2 sound of fire, he wake up and saw his old timber house and bikes were burning and total loss of Rs. 62,000/- has been caused to him. On the above allegation, offence has been registered against the applicants. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has not committed any such crime. It is further stated that the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 26.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submitted that from the perusal of the record, it appears that the applicant has committed mischief by setting fire to the complainant's house at night and destroying his household goods, therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents, further the charge-sheet has been filed and the applicant is in jail since 26.03.2025, 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. Let the applicant - Gopi Dhiwar, involved in Crime No. 117/2025, registered at Police 3 Station – Mandir Hasaud, Raipur, District - Raipur (C.G.) for the offence punishable under Section 326 (G) of Bharatiya Nyay Sanhita, 2023, 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 his 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 his, 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 4 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 his 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 Preeti