1 2025:CGHC:1470 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 128 of 2025 1 - Vikas Gond S/o Adesh Gond Aged About 25 Years R/o Village Khadanpara, Police Station Kumhari, District Durg (C.G.) 2 - Vicky Gond S/o Adesh Gond Aged About 21 Years R/o Village Khadanpara, Police Station Kumhari, District Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kumhari, District Durg (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Rudranath Mukherjee, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2025 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 applicants who have been arrested in connection with Crime No. 213/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.10 12:11:10 +0530 2 Kumhari, District Durg (C.G.) for the offence punishable under Section 298 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 23.10.2024, a person,namely, Kunal Sharma lodged FIR alleging that on 22.10.2024, a person, namely, Umakant Sahu informed him that the applicants have dismantle a Shivling from temple and thrown it somewhere, when the informant went to the place of worship, he saw that there was no Shivling present in the temple, thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the evidence collected by the prosecution are also not prima-facie sufÏcient to hold the applicants guilty of the aforesaid offences. He also submits that the applicants are permanent resident of Durg and there is no chance of their absconding and tempering with the witnesses, they are ready to abide all the directions, which this Court may impose upon them. The applicants are in jail since 23.10.2024, the applicants have four criminal antecedents, out of which, in one case, they have been granted bail and rest of the three cases are still pending, 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 applicants. 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 applicants have dismantle a Shivling from temple and 3 thrown it, further the applicants have four criminal antecedents against them, therefore, the applicants are 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 applicants since 23.10.2024, the fact that the allegation against the applicants that they have dismantle a Shivling from temple and thrown it, also considering the fact that the applicants have three criminal antecedents, which are pending against them and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants-Vikas Gond and Vicky Gond, involved in Crime No. 213/2024 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under Section 298 of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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. 4 (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 sfor the trial court to treat such default as abuse of liberty of bail and proceed against them 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