1 2025:CGHC:36202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5350 of 2025 Daniram Sahu S/o Uttam Sahu Aged About 21 Years R/o Vill- Mokhal P.S. And Tah. Arang District - Raipur (C.G.). ... Applicant versus State Of Chhattisgarh Through Station House Office Police Station Mahasamund Distt- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 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. 108/2025 registered at Police Station – Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 316(2),316(3),316(4),318(4),326(G),238 & 3/5 of the Bhartiya Nyaya Sanhita, 2023. 2. That as per the prosecution case is that the complainant Excise sub Inspector forwarded a written complaint to the concerned police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.26 11:07:38 +0530 2 station alleging that in the intervening night of 14-15/03/2025 at around 03.30 3. 4. AM, he got the information of arson of Foreign Liquor Shop and Country Liquor Shop which was situated at Ekta Chowk, Mahasamund. Thereafter the complainant along with his team rushed to the Shop, and on inspection found that the main seller with the coalition of other accused persons had committed the offence and embezzled Rs. 9,40,790/- from the foreign liquor shop and Rs. 8,24,620 /- from the country made liquor shop. During the Investigation Prosecution found that the main seller of the shop namely Chiteshwar Sahu has committed the offence and some of the Articles which were Combustible in nature were found from the Scene. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the applicant has been arrested only on the basis of memorandum of the main accused Chiteshwar Sahu who is the main seller of the liquor shop and he is responsible for entire liability/ He further submits that there is no eye witness of the case and there is no evidence to show that the applicant was present at the time of alleged crime. He further submits that the present applicant has no criminal antecedents and he is in jail since 18.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 6. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 3 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicant was merely standing outside the shop and has no specific role attributed to him in the commission of the alleged offence, coupled with the fact that he has no criminal antecedents. It is further noted that the charge-sheet has already been filed before the competent Court and that the applicant has been in judicial custody since 18.03.2025. Considering that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 9. Let the Applicant – Daniram Sahu, involved in Crime No. 108/2025 registered at Police Station – Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 316(2),316(3),316(4),318(4),326(G),238 & 3/5 of the Bhartiya Nyaya Sanhita, 2023., be released on bail on his furnishing personal bond with two local 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 4 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 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. 10. 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