1 2025:CGHC:54959 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7924 of 2025 • Md. Aalim @ Pawla S/o Moh. Sarif Aged About 43 Years R/o Bajarang Para, Nigam Colony (Wrongly Mention Ciliny In Order), Block No. L-24, Raigarh, Police Station - Jutmil, Tah. And District- Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajendra Tripathi, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 286/2025, registered at Police Station – Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 77 of Juvenile Justice (Child Care & Protection) Act & 123, 275, 286 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that concerned police station has VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.13 11:34:37 +0530 2 received secret information that the applicant is having Omni Solution Tube and selling it to the minor children. The Police raid and seized 35 piece of solution chemical vulcanizing fluid of Omni Company, in each tube 75 ml total 2625 ml., therefore FIR has been registered against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedents registered against the present applicant under the Excise Act. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant under the Excise Act and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is one criminal antecedents registered against the present applicant under the Excise Act, charge-sheet has been filed against the applicant, the applicant is in jail since 20.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Md. Aalim @ Pawla, involved in Crime No.286/2025, registered at Police Station – Jutmil, District – Raigarh (C.G.) for the 3 offence punishable under Sections 77 of Juvenile Justice (Child Care & Protection) Act & 123, 275, 286 of the Bharatiya Nyaya Sanhita, 2023 (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. (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. However, this Court hopes and trusts that the trial Court shall make 4 earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. 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 vaishali