1 2025:CGHC:36916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5938 of 2025 Suraj Singh Gond @ Chhotu S/o Shiv Baran Aged About 22 Years R/o Village Sonvarsha, Lakra Para, Police Station Podi, Tahsil Manendragarh, District- Manendragarh- Chirmiri- Bharatpur Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Podi, District- Manendragarh- Chirmiri- Bharatpur Chhattisgarh. ... Respondent For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2025 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.06/2025 registered at Police Station – Podi District – Manendragarh Chirmiri- Bharatpur (C.G.), for the offence punishable under Sections 303(1) & 326 (F) read with Section 3(5) of Bharatiya Nyay Sanhita 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.29 19:01:33 +0530 2 2. The case of the prosecution, in brief is that, on 14-01-2025, the FIR was lodged by the complainant alleging in it that on 13-01-2025 at about 4.00 PM, he came at Village Barbaspur along with one Roshan and he parked his motorcycle in the courtyard of his house and thereafter he went to the house of Bhuneshwar Rajwade and when he came back, he has not saw his motorcycle and thereafter he along with his two friends search the motorcycle and he found his motorcycle nearby the Dhab Naka and the motorcycle was burnt by some unknown person. On the basis of report lodged by the complainant, the police registered the offences against the unknown person. 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 the false seizure has been prepared by the police in order to rope the applicant in a false criminal case and the applicant is hopeful regarding this fact that he would be acquitted from the allegation of this case. He further submits that the applicant roped for the commission of alleged offence on the ground that he is having previous enmity as the dispute arose between the applicant and complainant at the occasion of Chherta Festival and he is in jail since 22.05.2025, 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. 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, 3 nature and gravity of offence levelled against the applicant. Applicant has no criminal antecedent and moreover, the charge-sheet has already been submitted before the competent Court in the present case and no incriminating articles have been seized from the possession of the present applicant and he in jail since 22.05.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant –Suraj Singh Gond @ Chhotu, involved in Crime No.06/2025 registered at Police Station – Podi District – Manendragarh Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 303(1) & 326 (F) read with Section 3(5) of Bharatiya Nyay 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 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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