1 2025:CGHC:30212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5132 of 2025 Firoj Khan S/o Mujahir Khan Aged About 35 Years R/o Village Pakdiya, Police Station Gamriya, District Motihari (Bihar) At Present R/o Ward No. 28 Birgaon, Police Station Urla, District Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Salhewara, District Khairagarh-Chuikhadan-Gandai (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.07.2025 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 applicant who has been arrested in connection with Crime No. 31/2024 registered at Police Station : Salhewara, District Khairagarh-Chuikhadan-Gandai (as per final report) (C.G.) for the offence punishable under Sections 281,221,132,324(4),49,61(2), 111(2) & 3(8) of the BNS and Section 3 of the Prevention of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.04 12:01:47 +0530 2 Damages to Public Property Act and Section 3/181, 5/181 of the Motor Vehicles Act. 2. That on 07.11.2024 Vanpal of forest range Salhewara lodged a written report that on 07.11.2024 employees of forest barrier Rengakhar intimated that they received telephonic information from (forest check post Khara) one truck bearing registration No. CG 22-C-9977 broken the barrier and went towards Sahlewara then complainant Vijay Prasad Tiwari instructed the employee to close the barrier and when the complainant reached on the spot he saw that barrier of Rengakhar was broken and employees told that they try to stop the truck but driver of the truck not stop the vehicle and went towards Mohgaon thereafter on the basis of written report Police Station Salhewara registered the offence against the driver of vehicle truck bearing registration No. CG 22- C-9977 thereafter during investigation the truck seized near Ghat section in unclaimed condition, thereafter further enquiry the vehicle owner was traced as Mukesh Yadav and thereafter present applicant arrested on 28.03.2025 and on the basis of memorandum statement of applicant and other co-accused persons the final report submitted by the Police Station Salhewara for the offence u/s 281, 221, 132, 324(4), 49, 61(2), 111(2), 3(8) of the BNS, section 3 of the Prevention of Damages to Public Property Act and Section 3/181, 5/181 of the Motor Vehicles Act.. 3. 3. Learned counsel for the applicant submits that the applicant is 3 innocent and has been falsely implicated in the present case. As per the final report only one Kirayanama of vehicle has been seized from the applicant which does not constitute the offenses as alleged by the prosecution. He also submits that co-accused has already been granted bail by this Court in MCRC No.4262 of 2025, and he is in jail since 28.03.2025, 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 present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that the co-accused has already been granted bail by this Court in MCRC No. 4262 of 2025, and that the applicant has been in jail since 28.03.2025, with the trial likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Firoj Khan , involved in Crime No. 31/2024 registered at Police Station : Salhewara, District Khairagarh- 4 Chuikhadan-Gandai (as per final report) (C.G.) for the offence punishable under Sections 281,221,132,324(4),49,61(2),111(2) & 3(8) of the BNS and Section 3 of the Prevention of Damages to Public Property Act and Section 3/181, 5/181 of the Motor Vehicles Act. , be released on bail on his furnishing a personal bond with two sureties in the like amount 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 5 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 vaibhav