1 2025:CGHC:10929 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 426 of 2025 1. Dakeshwar S/o Naresh Ram Aged About 20 Years Occupation Labor, R/o Village Chilbil P.S. And Tehsil Lakhanpur District- Surguja ( C.G.). 2. Omprakash S/o Ramnarayan Aged About 22 Years Occupation Labor, R/o Village Chilbil P.S. And Tehsil Lakhanpur District- Surguja ( C.G.). 3. Vishal S/o Shri Ram Aged About 20 Years Occupation- Student R/o Village Chilbil P.S. And Tehsil Lakhanpur District- Surguja ( C.G.). ... Applicants versus State of Chhattisgarh Through- Station House Officer, P.S. Lakhanpur District- Surguja ( C.G.). ... Non-Applicant For Applicants : Mr. Nishi Kant Sinha, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05/03/2025 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 he has been arrested in connection with Crime No. 306/2024, registered at Police Station – Lakhanpur District- Surguja (C.G.) for the offence punishable under Sections 303 (2), 309(4), 310(2) of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2 The case of the prosecution, in brief, is the complainant has lodged report that on 14.12.2024, on 13.12.2024 the informant being the driver of Truck No. CG 13 Af-1522 went to load coal at Amera Coal Mines along with other 6 drivers and trucks and parked their vehicle near Barrier and slept in the cabin of the truck. In the midnight, he heard sound outside and the truck and saw some unknown persons stealing diesel from all the trucks but he did not woke up, later on when we woke up he came to now that unknown persons have committed theft of diesel from all 07 trucks totaling 580 liters of diesel. Hence, the report was lodged. 3 It is argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case. He further submits that the present applicants have been made accused based on basis of memorandum statement, however, no incriminating articles has been seized from the applicants and only 20 liters of diesel has been seized which is available in general. He further submitted that the charge-sheet has yet not bee filed because three accuses persons are still absconding. He later submits that the applicants has no previous criminal antecedents and the applicants are in jail since 22.12.2024 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 opposed the bail application. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the 3 fact that the applicants have no previous criminal antecedents and they are in jail since 22.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Dakeshwar, Omprakash and Vishal, involved in Crime No. 306/2024, registered at Police Station – Lakhanpur District- Surguja (C.G.) for the offence punishable under Sections 303 (2), 309(4), 310(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance 4 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 Preeti