1 2025:CGHC:52348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8458 of 2025 Chakradhar Yadav S/o Budhram Yadav Aged About 27 Years Caste Rawat, R/o Village Raikera, P.S. Gharghoda, District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through O/cer In Charge, Police Station- Gharghoda, District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Ashutosh Mishra, Advocate. For Non-applicant/State : Ms. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.10.2025 1. This is the 9rst bail application 9led 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. 231/2025 registered at Police Station Gharghoda, District Raigarh (C.G.) for the o;ence under Section 126(2), 296, 115(2), 119(1), 309(6), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, Sunil Kumar Nishad, lodged a report at Police Station Gharghoda stating that he is a driver of a JCB machine bearing registration number CG-13 LA 5265 and was working at NTPC along with his helper, Suraj Sidar. It has been further ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.28 11:42:55 +0530 2 alleged that on 03.09.2025, when he reached Atal Chowk, Raikera, the applicant, along with the co-accused persons, came to him, demanded money for liquor, and started abusing him. It is further alleged that the accused persons looted the said JCB machine. Subsequently, the complainant lodged the report, and thereafter, an investigation was initiated by Police Station Gharghoda, during which the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that there is no evidence to show that the present applicant was involved in the alleged incident. The report has been lodged by the complainant only due to previous enmity. He also submits that the applicant has not committed any o;ence whatsoever. He has been arrested merely on the basis of doubt. He further submits that the present applicant has no criminal antecedents and he is in jail since 04.09.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by the learned counsel for the applicant that the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of o;ence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in 3 the present case before the competent Court and the present applicant has been in jail since 04.09.2025, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Chakradhar Yadav, involved in Crime No. 231/2025 registered at Police Station Gharghoda, District Raigarh (C.G.) for the o;ence under Section 126(2), 296, 115(2), 119(1), 309(6), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall 9le an undertaking to the e;ect that he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without su/cient 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 9xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under 4 Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 9xed 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 su/cient 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. O/ce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek