1 2025:CGHC:41584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6504 of 2025 1 - Chiteshwar Sahu S/o Gopeshwar Sahu Aged About 27 Years R/o Ward No. 01, Khaira, Police Station And District Raipur, C.G. 2 - Ravi Kumar Sahu S/o Somnath Sahu Aged About 26 Years R/o Bhilai, Police Station Arang, District- Mahasamund, C.G. ... Applicants versus State Of Chhattisgarh Through Station House Officer Police Station- Mahasamund, District - Mahasamund, C.G. ... Non-applicant For Applicants : Mr. Arun Kumar Shukla, Advocate. For Non-Applicant/State : Mr. Sakib Khan, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2025 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 applicants who have been arrested in connection with Crime No. 108/2025 registered at Police Station Mahasamund, District – Mahasamund (C.G.), for the offence punishable under Sections 316(2), 316(3), 316(4), 318(4), 326(G), 238 & 3(5) of BNS. 2. As per the prosecution case is that the complainant Excise sub VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 13:14:14 +0530 2 Inspector forwarded a written complaint to the concerned police station alleging that in the intervening night of 14-15/03/2025 at around 03.30 AM, he got the information of arson of Foreign Liquor Shop and Country Liquor Shop which was situated at Ekta Chowk, Mahasamund. Thereafter the complainant along with their team rushed to the Shop. and on inspection found that the main seller with the coalition of other accused persons had committed the offence and embezzled Rs. 9,40,790 / from the foreign liquor shop and Rs. 8,24,620/- from the country made liquor shop. During the Investigation Prosecution found that the main seller of the shop namely Chiteshwar Sahu have committed the offence and some of the Articles which were Combustible in nature were found from the Scene. On the basis of their report an offence u/s 316(2), 316(3), 316(4), 318(4), 326(G), 238, 3/5 of the Bhartiya Nayay Sanhita have been registered against the applicants and other co accused persons and police arrested the applicants. Hence their bail application. 3. The applicants respectfully submit that they are innocent persons who have been falsely implicated in the present case without any credible evidence. They have not acted in the manner alleged by the prosecution and have been arrested merely on the basis of a false memorandum prepared by the police. Though several workers are employed at the liquor shop, the police have implicated the applicants only because the actual culprits could not be identified. There is no evidence to establish that the applicants committed any offence under Sections 316, 318, or 326 IPC, nor is there any material suggesting their involvement in criminal breach of trust or participation in the alleged crime. The case lacks eye-witnesses, and none of the seizure 3 witnesses have made any allegation against the applicants. It appears that the applicants have been implicated in an arbitrary and aggressive manner. Significantly, a co-accused, Daniram Sahu, has already been granted bail by this Hon’ble Court in MCRC No. 5350/2025. The applicants are permanent residents of the address mentioned in the cause title, there is no possibility of their absconding or tampering with the due process of law, and they are willing to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court. Therefore, they prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicants, the fact that one co-accused has already been granted bail by this Court in M.Cr.C. No. 5350 of 2025 vide order dated 25.07.2025, as also the fact that the charge-sheet has been filed before the competent Court and the applicants are in custody since 18.03.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicants are entitled to be released on bail. 7. Let the applicants – Chiteshwar Sahu and Ravi Kumar Sahu, involved in Crime No. 108/2025 registered at Police Station 4 Mahasamund, District – Mahasamund (C.G.), for the offence punishable under Sections 316(2), 316(3), 316(4), 318(4), 326(G), 238 & 3(5) of BNS., be released on bail on furnishing a personal bond with two local 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 their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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