1 2025:CGHC:43251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6729 of 2025 • Dev Nishad S/o Ganga Ram Nishad Aged About 24 Years R/o Subhash Chowk Ward No. 19, Dallirajhara P.S. Rajhara, District - Balod (C.G.) ... Applicant versus • State of Chhattisgarh Through P.S. Balod District - Balod (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hemant Gupta, Advocate For Respondent/State : Ms. Smriti Shrivatava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.256/2025 registered at Police Station-Balod (C.G.) for the offence punishable under Sections 303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 14.06.2025 a joint team of revenue oficers have search illegal mining of sand and during that inspection they found 2 chain mounted Pock Land Machines have been left in abundance, which was sized and notices have been affixed. But on the very next day those machines have been stolen, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.28 18:38:22 +0530 2 thus the Foresh Ranger Namely Hemlata Uike have reported the matter to the police that from the Godpal Jungle the Pock Land Machines have been stolen by unknown persons & thereby the offence has been committed, hence the FIR has been registered against the applicant along with other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further vehemently argued by the learned counsel for the applicant has taken those machines on rent and he has not actively participated in the crime, neither any illegal mining was done by the machines, nor his name was narrated any of the other co-accused. It is also submitted by the counsel for the applicant that co-accused namely Ravi Rao has already been granted bail by this Court vide order dated 19.08.2025 passed in MCRC No.6522/2025. The charge sheet has already been filed and he is in jail since 21.06.2025, therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has already been filed in the present case, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that co-accused namely Ravi Rao has already been granted bail by this Court vide order dated 19.08.2025 passed in MCRC No.6522/2025. Charge-sheet has already been filed and he is in jail since 21.06.2025, this Court is of the view that the applicant is 3 entitled to be released on bail on the ground of parity in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Dev Nishad, involved in Crime No.256/2025 registered at Police Station-Balod (C.G.) for the offence punishable under Sections 303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. be released on bail on furnishing 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 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali