1 2025:CGHC:33428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4321 of 2025 Manoj Nishad S/o Ajay Nishad Aged About 38 Years Resident Of Village Chunchuniya Police Station Sargaon,, District : Mungeli, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Pali, District : Korba, Chhattisgarh ... Respondent For Applicant : Shri Devesh Chandra Verma, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 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.191/2025 registered at Police Station Pali, District Korba (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.18 17:11:13 +0530 2 Sections 306, 3(5) of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that the complainant Vijay Singh who is working as Supervisor in Tivrata Beneficiation, has lodged a complaint on 19.05.2025 before the concerned police Station Pali that the driver Vijay Kumar and one Vikash Kashyap used to fill the diesel in their tanker no. C.G. 12 B.N. 8372 and illegally transferred /sale it to the other vehicles belonging to Haranmudi Washery. They have illegally selling the said diesel to others worth Rs. 90,000/-. On the said complaint, the police has registered an alleged offences and investigation were started statements of complainant and other witnesses have been recorded, and suspicious accused Vijay Kumar, Vikash Kashyap and Manoj Nishad were interrogated and their memorandum statement have been recorded, in which they have stated that they have used the tanker no. C.G. 12 B.Ν. 8372 from Tivrata Petrol Pump Basibar and out of it, they used to sell the diesel from it to Manoj Nishad, Rs. 4000/- have been seized from Vikas Kumar and Rs. 3000/- have been seized from Vijay Kumar Kashyap, apart from that, total 310 liter diesel worth Rs. 27,900/- and Rs. 700/- in cash have also been seized from Manoj Nishad in the presence of witnesses, accordingly they have been arrested on 20.05.2025, and investigation is going on. 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 only on the basis of memorandum 3 statement the present applicant has been implicated in this case. He would further submit that the present applicant has not committed theft of any diesel of the complainant. He would submit that the applicant is in jail since 20/05/2025, 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 criminal antecedents of the applicant has not yet been received. 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, inspite of the time being granted to the learned State counsel to inform the criminal antecedents of the applicant, it is stated that same has not yet been received, considering the period of detention of the applicant since 20/05/2025, 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-Manoj Nishad, involved in Crime No.191/2025 registered at Police Station Pali, District Korba (C.G.) for the offence punishable under Sections 306, 3(5) of Bhartiya Nyay 4 Sanhita, 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) framing of charge and (iii) recording of statement under 5 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