1 2025:CGHC:52347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8460 of 2025 Mohd. Imran Memon S/o Mohd. Iqbal Memon Aged About 46 Years R/o Ward No. 7, Masjid Road, Gol Bazar Khairagarh, Distt. (K.C.G.) ... Applicant versus State of Chhattisgarh Through Station House O2cer, Khairagarh, Distt. (K.C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State. : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.10.2025 1. This is the =rst bail application =led 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. 464/2025 registered at Police Station Khairagarh, District – (K.C.G.) for the oAences punishable under Section 298, 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, a report was lodged by one of the villagers alleging that, on 05.10.2025, at about 08:30–09:00 PM, at Village Saragondi, Khairagarh, District K.C.G., a Peepal tree situated on government land bearing Khasra No. 55, Rakba 0.109, was cut down by ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.28 11:42:54 +0530 2 the applicant. Therefore, the aforesaid oAences were registered against the present applicant. The First Information Report (F.I.R.) has not been uploaded on the website, as it has been marked as “Case Sensitive. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the oAences mentioned above are not made out against the applicant, as the First Information Report has been registered merely on the basis of assumption, since the land of the applicant is adjacent to the government land where the alleged incident took place. He further submits that no oAence under Section 298 of the Bharatiya Nyaya Sanhita, 2023 is made out, and that the said section has been added by the police under political pressure, even though the place where the incident allegedly occurred is not a place of worship. It is also submitted that there is no eyewitness in the present case, and the applicant has been arrayed as an accused solely on the basis of suspicion. The complainant has lodged the present report only to provoke religious sentiments. Learned counsel further submits that there is an unexplained delay in lodging the report, as the date of the alleged incident is 05.10.2025, whereas the report was lodged on 06.10.2025, and the applicant was arrested on 07.10.2025. The delay has not been properly explained, and it remains unclear why the applicant has been arrayed as an accused and subsequently arrested. It is also submitted that the applicant has only one criminal antecedent under the IPC, and the said case has already been disposed of on the basis of a compromise. The applicant has been languishing in jail since 07.10.2025, conclusion of the trial may take some time, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail 3 application of the present applicant and submits that the charge sheet has not 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 submissions made by learned counsel for the applicant, and taking into account the fact that the allegation against the applicant is that he cut down a peepal tree situated on government land adjacent to his own land, further the fact that the applicant has only one criminal antecedent under the IPC, which has already been disposed of on the basis of a compromise, and also considering that the charge-sheet has not yet been submitted before the competent Court and the applicant has been languishing in jail since 07.10.2025, while conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Mohd. Imran Memon, involved in Crime No. 464/2025 registered at Police Station Khairagarh, District – (K.C.G.) for the oAences punishable under Section 298, 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall =le an undertaking to the eAect that he shall not seek any adjournment on the dates =xed 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 =xed, either personally or through his 4 counsel. In case of his absence, without su2cient cause, the trial court may proceed against his 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 =xed in such proclamation, then, the trial court shall initiate proceedings against his, 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 =xed 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 su2cient 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. O2ce is directed to send a certi=ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek