1 2025:CGHC:2057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 254 of 2025 Tejram @ Tijuram Sahu S/o Kunjlal Sahu Aged About 29 Years R/o Village - Gatapaar, Police Station - Bhakhara, District - Dhamtari, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station - Bhakhara, District - Dhamtari Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Sanjeev Kumar Sahu, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/01/2025 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. 203/2024 registered at Police Station Bhakhara, District - Dhamtari (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.13 18:17:31 +0530 2 under Sections 191(2), 221, 132, 324(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 3 of Prevention of Damage to Public Property Act. 2. Case of the prosecution, in brief, is that on 03.11.2024, a fight arose between some persons in Village Hanchalpur when the Police Personnel were taking the accused in their govt vehicle to the Police Station, some of the villagers stopped the police vehicle and asked to give the custody of accused who was in their vehicle and started pelting stones and also created ruckus and upon that a Police OfÏcer uniform's button was torn, the Police Personnel created a video of the incident in their mobile phone, there were 20-25 people present at the time and upon that it is suspected that the applicant was also present there and committed the aforesaid crime. Hence, this application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the only on the basis of memorandum statement of the co-accused persons, the present applicant has been made an accused, further one of the co- accused, namely, Ashok Kumar Sahu, has already been granted anticipatory bail by this Court vide order dated 10.12.2024 in MCRCA No.1425 of 2024 and the case of the present applicant is similar to that of the co-accused. The applicant is in jail since 22.11.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons had created ruckus, pelted stones and also misbehaved with police personnel, when they were taking the accused in their government vehicle at village Hanchalpur, therefore, the applicant is not entitled for grant of bail. 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, period of detention of the applicant since 22.11.2024, the fact that though the applicant alongwith other co-accused persons had created ruckus, pelted stones and also misbehaved with police personnel, when they were taking the accused in their government vehicle at village Hanchalpur, but the applicant has no criminal antecedents and one of the co-accused, namely, Ashok Kumar Sahu, has already been granted anticipatory bail by this Court vide order dated 10.12.2024 in MCRCA No.1425 of 2024 and the case of present applicant is similar to that of the co- accused, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Tejram @ Tijuram Sahu, involved in Crime No. 203/2024 registered at Police Station Bhakhara, District - Dhamtari (C.G.) for the offence punishable under Sections 191(2), 221, 132, 4 324(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 3 of Prevention of Damage to Public Property 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 sufÏcient 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, 5 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil