1 2025:CGHC:31690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3595 of 2025 Harkesh Shukla, Aged About 47 Years, S/o Shri Bhagwati Prasad Shukla R/o H.D.D.-177, Kabeer Nagar, P.S. - Tatibandh, Kabeer Nagar, Raipur, Tahsil And District - Raipur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - Police Station - R.P.F., Bhatapara (C.G.) 2 - Union Of India Through - Station House Officer, Police Station R.P.F. Bhatapara, District Balodabazar-Bhatapara (C.G.), (Added As Per Honble Court Order Dated 20.06.2025) ... Respondents For Applicant : Shri Rajesh Kumar Tiwari, 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.10 10:49:14 +0530 2 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 (C.G.) for the offence punishable under Section 3 (A) of R.P.U.P. Act. 2. Case of the prosecution, in brief, is that on 18.02.2025 the Sub Inspector of police station R.P.F Tilda, during the night patrolling in between Manar and silyari Railway k.m. no. 808/1-3 found laying one truck bearing no. CG 10 Y 8522 in suspicious condition, when the police reach to the rail line they saw 5-6 persons were bringing the rail line iron, at that time one person namely Gaurav Chaturvedi caught hold by the police, who made his statement that he arrange the person with gas cylinder and cutter, stolen the rail line iron and loaded it in the aforesaid truck which has been ceased by the R.P.F. and during the investigation, on the basis of the memorandum of Gaurav Chaturvedy, the other co-accused as well as applicant has been arrested by the concerned police and complaint has been filed before the concerned Magistrate. Hence, this bail application. 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 on the basis of memorandum of other co- accused, the applicant has been arrested in the aforesaid crime and no article with regard to the railway property has been seized from the applicant. He would further submit that the co-accused namely Sunil Gir, Sagar Bharti, Chetan Mahanti, Jaiprakash 3 Yadav & Narendra Chhura have been granted bail by the 2nd Upper Session Judge, Raipur. He would submit that the applicant has four criminal antecedents out of which in two cases he has been acquitted and he is in jail since 07/03/2025, 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. 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 07/03/2025, 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-Harkesh Shukla, involved in Crime No.04/2025 registered at Police Station R.P.F., Bhatapara (C.G.) for the offence punishable under Section 3(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 4 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) 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 5 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