1 / 4 2025:CGHC:34598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5679 of 2025 Mohammad Sahibe Aalam S/o Bishmilla Khan Aged About 22 Years R/o Gram Ratyora Karpiya, Tahsil Korame, Post Karpiya, Dist. Elahabad (Allahabad) (U.P.) Current Address Maszid Mohalla, Bilaspur, District (Revenue And Civil) - Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Balco, Korba, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Yogesh Pandey, Advocate. For Non-applicant/State : Mr. Sakib Khan, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2025 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. 304/2025 registered at Police Station Balco, Korba, District - Korba (C.G.), for the offences punishable under Section 316(3),306,3(3) & 5 of the Bhartiya Nyaya Sanhita, 2023. 2. That, the case prosecution story in short is that complainant Raj Kumar VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.22 12:53:26 +0530 2 / 4 Singh lodged police report by stating that he is employed as a manager of Inland & Logistic Company and on 22.04.2025, driver of the vehicle left the office premises after loading Aluminum from the office of the Korba to Selwasa, Gujrat. The driver loaded 34.693 MT valued Rs. 99,04,689/- but he didn't reached Salwasa, Gujrat and when driver was tried to contact he was not reachable. Therefore a written report was lodged 06.05.2025 and to take action against the driver namely Deepak Sharma. That after police report, police investigated the matter the driver was arrested at Raipur and police recorded memorandum statement of the driver in which he stated that he with the help of the present applicant tried to sale the aluminum to the 3rd party and the present applicant was helping him for that task. As far as questioned vehicle is concerned, the same is parked at Ranvabhata Transport Nagar, Near Durg Dharam Kanta. Later on police recovered the whole truck along with aluminum on 06.05.2025' 03.06 2025. After investigation police submitted the charge sheet. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that there is no direct evidence against the applicant. He also submits that only on the basis of memorandum statement of the other accuse person, police has made the present applicant as accused in the instant case, whereas the said memorandum statement is not admissible under the evidence act. He also submits that the present applicant is in jail since 06.05.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 3 / 4 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge- sheet has already 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. Taking into consideration the facts and circumstances of the case, and further the fact that the charge - sheet has already been submitted in the present case before the competent Court and applicant has no criminal antecedent and he is languishing in jail since 06.05.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Mohammad Sahibe Aalam, involved in Crime No. 304/2025 registered at Police Station Balco, Korba, District - Korba (C.G.), for the offences punishable under Section 316(3),306,3(3) & 5 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 / 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav