1 2025:CGHC:20278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3428 of 2025 Yuvraj Banjare S/o Shri Parasram Banjare Aged About 31 Years by Caste Satnami, R/o Village Telikot, Thana- Kharsiya Dist- Raigarh ( C.G. ). ... Applicant versus State Of Chhattisgarh Through- ( Dist. Magistrate ) / Officer- In- Charge Of Police Station- Baradwar- District- Sakti ( Chhattisgarh ). ... Respondent For Applicant : Shri R.S. Patel, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/05/2025 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.20/2025 registered at Police Station Baradwar Dist.-Sakti (C.G.) for the offence punishable under Sections 318 (4), 338, 336 (3), 238, 3 (5) of the Bharatiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.03 11:19:32 +0530 2 2. Case of the prosecution, in brief, is that the complainant, (Kishore Kumar Banjare) lodged a report in the police station Baradwar that on 23.01.25, at about 17.15, that on 22.10.2024 a false documents have prepared in the name of Rajkumar Kurre and issued permission order about dumping of the dust of fly-as-bricks. The collector has directed to lodge the first information report in compliance of that order the Mining officer who is complainant has made a complaint against the Rajkumar kurre and others, a crime was registered by the police of the Baradwar, under Section 318 (4), 338, 336 (3), 238 3 (5) of the Bharatiya Nyaya Sanhita, 2023 at crime no. 20/2025. After registration and complete investigation, charge sheet has been filed before the trial court. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would further submit that co-accused persons namely Rajkumar Kurre and Lakhanlal Denjare have been granted regular bail by this Court in MCRC No. 3381 of 2025 on 01/05/2025. He would submit that the applicant is in jail since 25/01/2025, 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 State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that there is no previous criminal antecedent against the present applicant. 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, 3 nature and gravity of offence, also considering the fact that co-accused persons namely Rajkumar Kurre and Lakhanlal Denjare have been granted regular bail by this Court in MCRC No. 3381 of 2025 on 01/05/2025, period of detention of the applicant since 25/01/2025, 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. Let the Applicant-Yuvraj Banjare, involved in Crime No.20/2025 registered at Police Station Baradwar Dist.-Sakti (C.G.) for the offence punishable under Sections 318 (4), 338, 336 (3), 238, 3 (5) of the Bharatiya Nyaya 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 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 4 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) 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