1 2025:CGHC:1245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 76 of 2025 Vahid Mohammad Khan S/o Late Johir Mohammed Khan Aged About 41 Years R/o Village- Bojiya, Thana- Chhal, District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The District Magistrate- Raigarh, District- Raigarh (C.G.) Concerned Police Station- Chhal, District- Raigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Hari Agrawal, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2025 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. 411/2024 registered at Police Station Chhal, District- Raigarh (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.09 10:42:37 +0530 2 Sections 305(e), 331(4), 316(3), 316(4), 336(3), 338, 340(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant, Nanki Babu Sidar, who is a security guard at the S.E.C.L. Chhal sub-area, reported that on 31.08.2024, at around 2:00 am, two unauthorized trucks, numbered CG-11-BJ-7600 and CG-11-BJ-7597, entered the Chhal open mine without any authorized RFID card. The trucks were loading coal and were trying to exit from the boom barrier on the morning of 01.09.2024. One of the trailer trucks, numbered CG- 11-BJ-7597, crossed the boom barrier, The trailer truck numbered CG-11-BJ-7600 was stopped at the boom barrier, and at the same time, the employee deployed at the boom barrier questioned the drivers of both trucks. However, both drivers abandoned their trucks and fled the scene. The trucks were found to be loaded with illegal goods. In this case, a total of 5 accused were charged, and the investigation was completed, charge-sheet was filed and offence has been registered against the applicant. 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 applicant is only an escape goat here to protect the real culprits of crime, even nothing has been seized from the possession of applicant. He also submits that two of the co-accused persons, namely, Praveen Kasture and Neeraj Kumar Thakur have already been granted bail by this Court vide order dated 14.11.2014 and 10.12.2024 in MCRC Nos. 7900 of 2024 and 8639 of 2024 and the case of present applicant is similar 3 to that of the co-accused persons. The applicant is in jail since 06.09.2024, the applicant has 17 criminal antecedents, out of which 16 cases have already been disposed of and one case is still pending, which is of the year 2023 under the IPC, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have conspired to take illegal entry with trucks at Chall mine without RFID Card with intention to steal coal from the said mine, therefore, the applicant is not entitled for grand 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 06.09.2024, the fact that though the allegation against the applicant that he alongwith other co-accused persons are conspired to take illegal entry with trucks at Chall mine without RFID Card with intention to steal coal from the said mine, but two of the co-accused persons, namely, Praveen Kasture and Neeraj Kumar Thakur have already been granted bail by this Court vide order dated 14.11.2014 and 10.12.2024 in MCRC Nos. 7900 of 2024 and 8639 of 2024 and the case of present applicant is similar to that of the co-accused persons, further the applicant has only one case pending against 4 him, which is of the year 2023 under the IPC and 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. Let the Applicant-Vahid Mohammad Khan, involved in Crime No. 411/2024 registered at Police Station Chhal, District- Raigarh (C.G.) for the offence punishable under Sections 305(e), 331(4), 316(3), 316(4), 336(3), 338, 340(2), 3(5) 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 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 5 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil