1 2025:CGHC:28759 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3963 of 2025 Mohd. Wasim S/o Mohd Akbar Aged About 36 Years R/o House No. 51B, Samrat Nagar, Khajrana, Kanadia, Tehsil And District- Indore, Madhya Pradesh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Pondi, District- Manendragarh-Chirmiri-Bharatpur, Chhattisgarh ... Respondent For Applicant : Shri Siddharth Shukla, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/06/2025 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.14/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.28 15:45:23 +0530 2 Pondi, District Manendragarh-Chirmiri-Bharatpur for the offence punishable under Section 318 (4) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that complainant had handed over three Bus Chasis of Ashok Leyland to the Applicant for building Sleeper AC Coaches. Further, Complainant had paid a sum of Rs. 55,13,290/- to the Applicant in installments for the aforesaid work. But the applicant had failed to deliver the Sleeper AC coaches within time-frame as allegedly committed to the Complainant due to which the FIR No. 14/2025 was registered. 3. Learned counsel for the applicant submits that applicant is automotive body technician having expertise in building body over the chasis of the vehicles. He would submit that there was no delay in delivery of the Sleeper AC Buses to the Complainant wherein delivery was postponed due to delay in payment by the Complainant. It is further submitted that Complainant Sleeper AC Buses in complete manner had been seized by the Police and were taken from the yard of the Applicant in Indore to Chirmiri in working condition. It is further submitted that none of the ingredients of Section 318(4) of BNS are attracted in the present matter. It is submitted that present case is a civil dispute falling within the realm of "Consumer Protection Act, 2019" for the purported Deficiency in Service due to delay in Delivery of the three Vehicles". It is submitted that Judicial Magistrate First Class, Baikunthpur at Chirmiri had rejected the Bail Application of the 3 Applicant on 21st April 2025 which was challenged before Additional Session Judge, Chirmiri, District - Koriya, Chhattisgarh in Bail Application No. 34/2025 which was dismissed on 30th April 2025. It is submitted that FIR No. 265/2025 dated 15th April 2025 is registered against the Applicant at Police Station Ambikapur, District Sarguja of similar nature on similar facts. He would submit that the applicant is in jail since 12/04/2025, 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. 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, considering the fact it is a civil dispute between the parties, period of detention of the applicant since 12/04/2025, 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-Mohd. Wasim, involved in Crime No.14/2025 registered at Police Station Pondi, District Manendragarh-Chirmiri- Bharatpur for the offence punishable under Section 318 (4) of 4 Bhartiya 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 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) 5 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