1 2025:CGHC:37731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5464 of 2025 Vivek Verma S/o Lalit Verma Aged About 41 Years R/o Near Sai Mandir, Tulsipara, Police Station Kotwali, District Rajnandgaon, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - R.P.F. Post Dongargarh District Rajnandgaon Chhattisgarh. ... Respondent For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Mr. Ramakant Mishra, Dy. Solicitor General for Union of India. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2025 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.3/2025 registered at Police Station – R.P.F. Post Dongargarh District – Rajnandgaon (C.G.) for the offence punishable under Sections 3(A) of the Railway Properties (Unlawful Possession) Act. 2. As per prosecution case that on 01.05.2025 one information memo has VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.31 18:57:53 +0530 2 been received by Divisional Security Control Nagpur that near Bankar Railway Station, yard Km. No. 907/3-5 some unknown person were theft the 6 pieces of cable and 35 Sq. MM Single quote multi strength cable, on the basis of above information incharge sub inspector and other officers were went from the above spot and inquired about when they were found that the cable wire from the lightning arrest to search monitor not found therefore offence has been registered against the unknown person. During the course of investigation, police has arrested the co-accused and recorded the memorandum statement of co-accused person, on the basis of memorandum statement of co- accused, it was revealed that the present applicant was purchased the alleged article from the other co-accused persons therefore crime has been registered against the present applicant. 3. The applicant submits that he is innocent and has been falsely implicated in the present case. There is neither direct nor indirect evidence linking him to the alleged offence, and the prosecution's version is doubtful due to the massive nature of the stolen rail cable, making it difficult to move. The applicant had no knowledge that the cable was stolen, as it was sold to him by co-accused individuals after altering its form, and he was a bona fide purchaser. He contends that the railway department has falsely implicated him to cover up the negligence of its own employees. The applicant has no prior criminal record and is not a history-sheeter. Furthermore, he does not appear in any CCTV footage related to the offence, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the fact that no incriminating material has been recovered from his possession, that he has no criminal antecedents, and that the charge-sheet has already been filed before the competent Court, coupled with the fact that the applicant has been in judicial custody since 16.05.2025 and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Vivek Verma, involved in Crime No.3/2025 registered at Police Station – R.P.F. Post Dongargarh District – Rajnandgaon (C.G.) for the offence punishable under Sections 3(A) of the Railway Properties (Unlawful Possession) Act, 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 court on each date fixed, either personally or through his 4 counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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. 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