1 2025:CGHC:47822 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7466 of 2025 Aakash Shrivastava S/o Sanjukant Shrivastava Aged About 32 Years R/o Kasturba Nagar, Jarhabhatha, PS Civil Line District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sachin Nidhi, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 350/2025 registered at Police Station Civil Line District Bilaspur (C.G.) for the offence punishable under Sections 316(3), 318(4) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant, Krishna AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Patel, purchased a Swift car on 13.11.2024 and, as it was not frequently used, gave it on rent to the accused, Akash Shrivastava, through an agreement executed on a Rs.50 stamp paper. The applicant neither paid the agreed rent nor undertook the car’s maintenance. Despite repeated demands, he failed to respond, and the complainant later learned from one Abdul Saziy that the applicant had sold the vehicle to a person named Guddu. On the basis of these allegations, an offence was initially registered against the present applicant under Section 316(5) of the BNS, 2023. After investigation, the police filed a charge sheet under Sections 316(3) and 318(4) of the BNS, 2023, in connection with Crime No. 350/2025. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant is in jail since 01.06.2025, the applicant has one criminal antecedent of the year 2025 under the IPC, in which the applicant is on bail, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the allegation against the applicant is that after taking the complainant Krishna Patel’s Swift car on rent through a written agreement dated 13.11.2024, he neither paid the agreed rent nor maintained the vehicle and, without the owner’s consent, dishonestly sold the car to one Guddu. So far 3 as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2025 under the IPC, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 01.06.2025, the fact that though the allegations against the applicant is that after taking the complainant Krishna Patel’s Swift car on rent through a written agreement dated 13.11.2024, he neither paid the agreed rent nor maintained the vehicle and, without the owner’s consent, dishonestly sold the car to one Guddu, but considering the fact that the applicant has only one criminal antecedent against him, which is of the year 2025 under the IPC, in which he is stated to be on bail, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Aakash Shrivastava, involved in Crime No. 350/2025 registered at Police Station Civil Line District Bilaspur (C.G.) for the offence punishable under Sections 316(3), 318(4) of BNS, be released on bail on his furnishing a 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 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil