1 2025:CGHC:56810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9459 of 2025 Bhupesh Kumar Netam S/o Hridayram Netam Aged About 25 Years Resident Of Village Fusera Out Post Birejhar Police Station Kurud, District- Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer Police Of Out Post Birejhar, Police Station Kurud, District- Dhamtari (C.G.) ...Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 223/2025, registered at Police Station – Out Post Birejhar, Police Station Kurud District – Dhamtari (C.G.) for the 326(G), 331(4), 306 read with Section 3(5) of BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.24 11:03:52 +0530 2 2. The prosecution case is that, the FIR was lodged at Out Post Birejhar, Police Station Kurud by the Sarpanch of Village Panchayat Kotgaon alleging inter-alia that some unknown persons burnt the official documents which was kept in the office of Kotgaon Gram Panchayat. On the basis of said complaint lodged by the Sarpanch of Gram Panchayat Kotgaon, the police registered the crime against the unknown person, subsequently the matter being investigated by the Police and during the course of investigation, the police arrested the applicant and two other persons and during the course of investigation the memorandum statement of applicant has been recorded by the police, in which the applicant admitted this fact that he is posted as Secretary at Village Panchayat Kotgaon from the year 2022 and he kept the keys of the office as well as the Almirah and since there are some misappropriation done by the him in the year 2023-2024, he is afraid that he will be caught by the concerned Officer and on account of which the applicant hatched the conspiracy along with other co-accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits The applicant respectfully submits that he is innocent and has been falsely implicated in the present case, as he has not acted in the manner alleged by the prosecution and there is no eyewitness who has seen him or any co-accused burning the official file. The prosecution case rests 3 solely on the memorandum statement of the applicant, and the alleged incriminating article said to have been seized from him is unsupported by any independent evidence; moreover, the lock allegedly recovered was never identified by witnesses as the lock used for securing the Panchayat Bhawan. The Sarpanch’s own report shows that four persons—including the Sarpanch, the Peon Baldau Ram Yadav, the Rozgar Sahaika Smt. Ishwari Jangade, and the applicant—possessed keys to the Panchayat Bhawan, and the keys of the Almirah were jointly kept by the Peon and the applicant, thereby ruling out any exclusive access or presumption of guilt against the applicant. The applicant had also made a prior written complaint to the Collector on 06.09.2025 reporting that unknown persons had committed mischief by fire and that villagers had levelled false allegations against him. The applicant has been in custody since 16.09.2025, and as the trial is likely to take considerable time for its conclusion, his further detention is unwarranted. He is a permanent resident of the address mentioned in the cause title, has no likelihood of absconding, and is willing to furnish adequate surety and comply with all conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail. 4. On the other hand, the learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. 4 5. I have heard learned counsel for the parties and perused the case-diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the applicant has no previous criminal antecedents, and also considering that the charge-sheet has been filed and the co-accused persons have already been granted regular bail in MCRC No. 8230 of 2025 vide order dated 17.11.2025, and further that the applicant has been in jail since 16.09.2025 and the conclusion of the trial is likely to take some time, I am, therefore, inclined to grant regular bail to the present applicant 7. Let applicant, Bhupesh Kumar Netam, involved in Crime No. 223/2025, registered at Police Station – Out Post Birejhar, Police Station Kurud District – Dhamtari (C.G.) for the 326(G), 331(4), 306 read with Section 3(5) of BNS 2023, be released on bail on furnishing 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 5 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 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav