1 2025:CGHC:37332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4366 of 2025 1 - Ramakant Verma S/o Late Anup Verma Aged About 25 Years R/o Chakarbhatha Police Station Chakarbhatha District - Bilaspur (C.G.) 2 - Virendra Dhruw S/o Laxman Dhruw Aged About 25 Years R/o Jogipur Rahangi Police Station Chakarbhatha District - Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Koni District - Bilaspur (C.G.) ... Non-applicant For Applicants : Ms. Priti Maheshwari, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 220/2025 registered at Police Station – Koni, District Bilaspur (C.G.) offence under Sections 305(B), 112(B) of the Bhartiya Nyay Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:08:55 +0530 2 2. As per prosecution story in brief is that the complainant Sheikh Kalimuddin lodged report at Police Station, Koni to the effect that on 12.05.2025 he was transporting petrol diesel in Tanker bearing registration no. CG-04-PT-8504 from Raipur to Ambikapur, but due to night, he stop the tanker in front of Gatauri V.R. Petrol Pump and sleeping inside the vehicle. On 13.05.2025 at about 4.00 AM, one boy working in Petrol Pump informed that some persons came in Scorpio vehicle and stolen the diesel from the tanker by broking the lock of service tank. On the basis of said information, the complainant checked the tanker and found that 350 liters diesel has been stolen by unknown persons. Based on the said report, the FIR was registered against unknown person and during course of investigation, the applicants have been arrested on 20.05.2025. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the applicant has not stolen the diesel from the tanker being transported by the complainant. He further submits that diesel seized by the police was purchased by the applicants for own vehicle and they are in jail since 20.05.2025, 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, learned State counsel opposes the bail application of the applicants. 3 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, it is observed that applicant No. 1 has one criminal antecedent, in which he has already been acquitted vide judgment dated 16.12.2024, and applicant No. 2 has no criminal antecedents. Furthermore, the charge-sheet in the present case has been filed before the competent Court, and both applicants have been in judicial custody since 20.05.2025. As the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicants –Ramakant Verma & Virendra Dhruw, involved in Crime No. 220/2025 registered at Police Station – Koni, District Bilaspur (C.G.) offence under Sections 305(B), 112(B) of the Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 4 law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 them in accordance with law. 5 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 vaibhav