1 2025:CGHC:50352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7953 of 2025 J. Kumar S/o J. Shrinivas, Aged About 26 Years Address- Camp-1, Sundar Nagar, Sweeper Mohalla, Bhilai, District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Chhaoni, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Priyanshu Gupta, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 144/2025, registered at Police Station – Chhaoni, District – Durg (C.G.) for the offence punishable under Sections 326(G) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the Police of Police Station concerned received a complaint from the complainant Nand Kumar Yadav that at about 2 AM in the night of 04.04.2025 he was sleeping with his family when his mother shouted fire and when he woke up, he saw RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 that the cot next to gate of the house, and the blanket, plastic and saree kept on it had caught fire and fumes of petrol could be smelled, when the complainant saw the CCTV camera in the morning, he found that two unknown boys who had come in the blue scooty had lit fire in the house. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 4 criminal antecedents registered against the applicant of the years 2014, 2016 and 2018. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 4 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that at about 2 AM in the night of 04.04.2025 the complainant was sleeping with his family when his mother shouted fire and when he woke up, he saw that the cot next to gate of the house, and the blanket, plastic and saree kept on it had caught fire and fumes of petrol could be smelled, when the complainant saw the CCTV camera in the morning, he found that two unknown boys who had come in the blue scooty had lit fire in the house, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that there are 4 criminal antecedents registered against the present applicant of the years 2014, 2016 and 2018, which have been old and stale, charge-sheet has been filed against the applicant, the applicant is in jail since 11.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, J. Kumar, involved in Crime No. 144/2025, registered at Police Station – Chhaoni, District – Durg (C.G.) for the offence punishable under Sections 326(G) and 3(5) of the 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 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 sufÏcient 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 4 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. OfÏce 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 Rajshekhar