1 2025:CGHC:1242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 71 of 2025 Mamlesh Khairwar S/o Phoolchand Khairwar Aged About 25 Years R/o Village - Salihabhatha, Police Station- Kartala, District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station - Kartala, District Korba (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Suresh Tandan, Advocate. For Non-Applicant(s) : Mr. Malay Jain, Panel Lawyer. 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. 106/2024 registered at Police Station Kartala, District Korba (C.G.) for the offence punishable under Section 326 (g) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant, Manoj AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.09 10:42:37 +0530 2 Khairwar, reported to the police station on 07.11.2024, that on 02.11.2024, at around 10:00 pm, a person named Mamesh Khairwar from his village was creating a ruckus in front of his house while intoxicated. When Manoj asked him to stop, Mamesh refused and started abusing him, and even physically assaulted him. The commotion was heard Bhola Khairwar, who then escorted Mamesh back to his home at around 11:00 pm, three motorcycles, namely C.G.-12-AQ-4392 HONDA DREAM YOGA, CG-12-BN-6670, SP 160-FR Disc, and CG-12-AJ-0369 HONDA DREAM YOGA, valued at Rs.1,50,000, were set on fire by someone in the courtyard of the house of complainant. The applicant's wife informed him that she saw the accused fleeing from the scene where the fire was set. Thereafter, the 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 the incident took place in the night, due to which, identification of present applicant is suspicious and he was arrested only on the basis of mere suspicion. He also submits that on account of previous animosity of applicant with the complainant, the applicant has been made accused in the present case. The applicant is in jail since 28.11.2024, the applicant has no criminal antecedent, 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 3 charge-sheet has been filed in the present case. He further submits that the, due to some dispute of applicant with the complainant, the applicant set the three motorcycles of the complainant on fire in the courtyard of complainant’s house, 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 28.11.2024, the fact that though the applicant on account of previous dispute set the three motorcycles of the complainant on fire in the courtyard of complainant’s house, but the applicant has no criminal antecedent 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-Mamlesh Khairwar, involved in Crime No. 106/2024 registered at Police Station Kartala, District Korba (C.G.) for the offence punishable under Section 326 (g) 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. 4 (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 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