1 2025:CGHC:53922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8735 of 2025 Ramji Ram Tulavi S/o Late Shri Ramsingh Tulavi Aged About 40 Years By Caste Gond, R/o Village Kaneli, Thana Madanwada, And Distt. Mohla Manpur Ambagarh Chowki, Chhattisgarh. ...Applicant versus The State Of Chhattisgarh Through The Station House Officer, P.S. Madanwada, Distt. Mohla Manpur Ambagarh Chowki, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sheryansh Pathak, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.11.2025 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. 01/2025 registered at Police Station : Madanwada District – Mohla- Manpur – Ambagarh Chowki (C.G.) for the offence punishable under Sections 296, 351(2), 308(5), 318(4), 117(2), 3(5) of BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.04 18:38:54 +0530 2 2. The prosecution story in short is that the complainant Mayaram Rawte file a written complaint before the Police of Police station Madanwada with the averment that applicant purchased Tendupatta from villagers in 2022 and did not return the villagers' money. When the villagers demanded their money, the accused assaulted them. The applicant allegedly extorted approximately 26,90,475 from Tendupatta collectors and Rs. 1,000 each from tractor and pickup owners, threatening to have Prachi and the witnesses killed along with their families by Naxalites. On the basis of written report FIR was registered against the applicant and other co-accused under sections 296, 351(2), 308(5), 318(4), 117(2), and 3(5) of the BNS 2023. after completing the investigation chargesheet was filed to the trial court. 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 direct evidence linking the applicant to the alleged incident, and the entire case rests merely on conjectures and surmises. Nothing incriminating has been recovered from the applicant’s possession during investigation, nor has any specific overt act been attributed to him individually. The ingredients of Section 308(5) are not fulfilled, as there is no material indicating any threat or intention to cause death or grievous hurt. The dispute is purely local and community-based, and the criminal machinery has been misused to give it a false criminal colour. The allegations in the FIR are false, concocted, and politically motivated, filed only to harass and humiliate the applicant and his family. The applicant has no criminal antecedents, is a law-abiding citizen belonging to a tribal community, 3 and is a permanent resident of the same village with no likelihood of absconding or tampering with the prosecution evidence. The applicant is in jail since 14.03.2025, the charge sheet has already been filed, and there is no direct or indirect evidence against him. The applicant is ready and willing to furnish bail bond and surety to the satisfaction of this Hon’ble Court. therefore, he prays for grant of regular bail to the present 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. 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 offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 14.03.2025, the 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, Ramji Ram Tulavi, involved in Crime No. 01/2025 registered at Police Station : Madanwada District – Mohla- Manpur – Ambagarh Chowki (C.G.) for the offence punishable under Sections 296, 351(2), 308(5), 318(4), 117(2), 3(5) of BNS 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount to the satisfaction of the court concerned with the 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav