1 2025:CGHC:47616 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7410 of 2025 Santosh Mahra S/o Late Thakur Prasad Mahra Aged About 43 Years R/o Village And Post Kota, Police Station Chaitpur, District : Shahdol, Madhya Pradesh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Balconagar, District : Korba, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ajay Kumar Chandra, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/09/2025 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. 304/2025 registered at Police Station Balconagar, District : Korba (C.G.) for the offence punishable under Sections 316(3), 306, 3(3) & 5 of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant, Rajkumar Singh, Manager of Inland & Logistic Company, lodged a written report stating that on 22.04.2025 the company’s vehicle, after loading 34.693 MT of aluminium valued at Rs.99,04,689/-, departed from the Korba office for Selwasa, Gujarat. The vehicle was driven by Deepak Sharma. However, the consignment never reached its destination, and repeated attempts to contact the driver failed. Consequently, on 06.05.2025, the complainant lodged a police report seeking action against the driver. Upon investigation, the police arrested Deepak Sharma at Raipur and recorded his memorandum statement, wherein he admitted that, with the assistance of his associates, he attempted to sell the aluminium to a third party. It was further revealed that co-accused Mohammad Sahibe Aalam aided him in this endeavour. Regarding the vehicle in question, it was found parked at Ranvabhata Transport Nagar, near Durg Dharam Kanta. Subsequently, on 06.05.2025 and 03.06.2025, the police recovered the truck along with the entire aluminium consignment. After completing the investigation, a charge-sheet was filed. Hence, the 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 bail application of identically situated co-accused, namely, Mohammad Sahibe Aalam has already been allowed by this Court vide order dated 21.07.2025 in MCRC No.5679 of 2025. The applicant is in jail since 06.05.2025, the applicant has no criminal antecedents, charge-sheet has been 3 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 applicant alongwith Mohammad Sahibe Aalam and truck driver Deepak Sharma, was attempted to sell the truck loaded with aluminium silli weighing 34.693 MT, which valued at Rs.99,04,689/- in Raipur, further the applicant is participated in the plan to misappropriate and sell the aluminium consignment and the truck, 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 06.05.2025, the fact that though the applicant alongwith Mohammad Sahibe Aalam and truck driver Deepak Sharma, was allegedly attempted to sell the truck loaded with aluminium silli weighing 34.693 MT, which valued at Rs.99,04,689/- in Raipur, further the applicant is participated in the plan to misappropriate and sell the aluminium consignment and the truck, but considering the fact that one of the co-accused persons, namely, Mohammad Sahibe Aalam has already been allowed by this Court vide order dated 21.07.2025 in MCRC No.5679 of 2025 and the case of present applicant is identical to that of the aforementioned co- accused person and the applicant has no criminal antecedents, 4 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-Santosh Mahra, involved in Crime No. 304/2025 registered at Police Station Balconagar, District : Korba (C.G.) for the offence punishable under Sections 316(3), 306, 3(3) & 5 of BNS, be released on bail on his furnishing a personal bond with two local 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 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, 5 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