1 2025:CGHC:2794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 438 of 2025 1 - Nursingh Sahu S/o Ashok Sahu Aged About 21 Years R/o Village- Hanchalpur, P.S. Bhakara, District Dhamtari, Chhattisgarh. 2 - Chitrasen Sahu @ Chovaram S/o Amrit Lal Aged About 30 Years R/o Village- Hanchalpur, P.S. Bhakara, District Dhamtari, Chhattisgarh. 3 - Karan Kumar Mahar S/o Late Mohan Lal Aged About 25 Years R/o Village- Hanchalpur, P.S. Bhakara, District Dhamtari, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through P.S.- Bhakara, District – Dhamtari, Chhattisgarh ---- Non-applicant For Applicant : Mr. Shobhit Koshta, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.01.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 203/2024, registered at Police Station – Bhakara, District – Dhamtari (C.G.) for the offence punishable under Sections 191(2), 221, 132, 324(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 of the Prevention of Damage to Public Property Act, 1984. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The case of the prosecution, is that the prosecution story, in brief, is that on 03.11.2024, a fight arose between some persons in the Village Hanchalpur when the Police Personnel were taking the accused in their govt. vehicle to the Police Station some of the villagers stopped the Police vehicle and asked to give the custody of the accused who was in their vehicle and started pelting stones and also created ruckus and upon that a Police OfÏcer uniform's button was torn and thereafter lodged the FIR against the applicants and other accused person. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co- accused has been granted bail by this Court vide order dated 13.01.2025 passed in MCRC No. 254 of 2025. The applicants are in jail since 07.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 03.11.2024, a fight arose between some persons in the Village Hanchalpur when the Police Personnel were taking the accused in their govt. vehicle to the Police Station some of the villagers stopped the Police vehicle and asked to give the custody of the accused who was in their vehicle and started pelting stones and also created ruckus and upon that a Police OfÏcer uniform's button was torn and thereafter lodged the FIR against the applicants and other accused 3 person, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the co- accused has been granted bail by this Court vide order dated 13.01.2025 passed in MCRC No. 254 of 2025, the applicants are in jail since 07.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicants, Nursingh Sahu, Chitrasen Sahu @ Chovaram, and Karan Kumar Mahar, involved in Crime No. 203/2024, registered at Police Station – Bhakara, District – Dhamtari (C.G.) for the offence punishable under Sections 191(2), 221, 132, 324(3) of the BNS and Section 3 of the Prevention of Damage to Public Property Act, 1984, be released on bail on his furnishing a personal bond with two 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 sufÏcient 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 sufÏcient 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. OfÏce 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 Rajshekhar