1 2025:CGHC:29128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4272 of 2025 Amresh Sao @ Babli S/o Pardeep Sao Aged About 35 Years At Baikunth Dhaam, Near Mannu Mobile, Camp No. 02, Chawni, Bhilai, District Durg Chhattisgarh Present Address Near Mn College, Village Umariya, P/s Mandir Hasaud, District Raipur (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through P.S. Mandir Hasaud, Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Vinay Nagdev, Advocate appeared through Video conferencing For Res/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 153/2025 registered at Police Station-Mandir Hasaud, Raipur (C.G.) for the offence punishable under Sections 3 and 7 of the 2 Essential Commodities Act read with Section 261 of Bharatiya Nyaya Sanhita, 2023 (in short “BNS”). 2. The prosecution's case, is that the upon receiving secret information on 20.04.2025, police party raided the premises occupied by the applicant and seized ethanol, petrol and diesel (2600 liters of petrol and 2800 liters of diesel) worth total 8.7 Lakhs, which he was carrying unauthorisedly for sale, thereafter, the applicant was arrested and presented before the concerned remand Court. After completion of investigation, charge-sheet has been filed before the trial Court. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and he has been falsely implicated in the offence in question. He also submits that the applicant is the only bread earner of his family and bears the responsibility of the whole family and if he remains in jail for long, his family shall suffer hardships for its livelihood. He also submits that the applicant is in jail since 20.04.2025, charge-sheet has already been filed, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and would submit that the present applicant has one criminal antecedent of the year, 2021, the charge- sheet has been filed in this case therefore, he may not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions 3 of learned counsel for the parties, considering the nature of allegation levelled against the applicant, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 20.04.2025, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the bail application is allowed. 7. Let the Applicant – Amresh Sao @ Babli involved in Crime No. 153/2025 registered at Police Station-Mandir Hasaud, Raipur (C.G.) for the offence punishable under Sections 3 and 7 of the Essential Commodities Act read with Section 261 of Bharatiya Nyaya Sanhita, 2023 (in short “BNS”), be released on bail on furnishing 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 4 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 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.02 14:59:24 +0530