1 2025:CGHC:46605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6483 of 2025 Mahesh Kumar Dahariya S/o Ramdulari Dahariya Aged About 42 Years R/o Parsahi (Bahtarai) P.S. Sarkanda District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Sarkanda District- Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Shivali Dubey, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.09.2025 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. 947/2025 registered at Police Station : Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 308(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3, 4 of the Debt Act. 2. As per the prosecution story, in brief, on 10.07.2025, the complainant reported that the accused, Mahesh Kumar Dahariya, had taken his motorcycle (CG-10-PAY-8098) as security for a loan of Rs. 8,000/- at 5% monthly interest. Despite repayment, the accused demanded additional interest, withheld the documents, and issued threats. During ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 10:49:20 +0530 2 investigation, it was revealed that the accused was unlawfully in possession of 19 motorcycles, including those belonging to other victims. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She submits that the applicant is a motorcycle mechanic by profession. The motorcycles seized during investigation were in his possession for repair, servicing, or sale on behalf of customers. Many of these vehicles belonged to customers who had either not yet paid for the repair work or had left them with the applicant for sale after repairs. She further submits that a large number of the seized motorcycles belong to genuine customers who had voluntarily handed over their vehicles to the applicant for repair or sale. Some customers had failed to clear the repair charges, which led to retention of the vehicles as per common trade practice. She also submits that the allegations essentially arise out of monetary transactions and possession of customer vehicles, which are civil in nature. However, the same have been wrongly given a criminal colour in order to pressurize the applicant. She submits that the present applicant has no criminal antecedents and he is in jail since 10.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. He also submits that the present applicant has 01 Istagasa of the year 2025, moreover, from the possession of the applicant 19 motorcycles were seized, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has only 01 criminal antecedents of Istagasa. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 10.07.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Mahesh Kumar Dahariya, involved in Crime No. 947/2025 registered at Police Station : Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 308(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3, 4 of the Debt Act, be released on bail on furnishing a personal bond with two sureties in the like amount 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 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 4 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 Abhishek