1 2025:CGHC:49880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6167 of 2025 Umesh Kumar Bhardwaj S/o Shri Ramesh Kumar Bhaskar Aged About 23 Years R/o Vill.- Bagadbari, P.S.- Baloda, Distt.- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through- S.H.O., Police Station- Saraipali Distt.- Mahasamund (C.G.). ... Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.10.2025 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. 175/2025, registered at Police Station Saraipali District – Mahasamund (C.G.) for the offence punishable under Section 305,351(2),3(5),111,112 & 317(4) of the BNS. 2. As per the prosecution story, on 10.07.2025, the complainant Neeraj Agarwal lodged a written complaint at Police Station Saraipali stating VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 12:58:28 +0530 2 that on the night of 06.07.2025, his trucks bearing registration numbers CG-06-GY-9774 and OD-17-D-5974 were parked in front of Jhilmila Town Hall, and the drivers were asleep inside the vehicles. Around 3:00–4:00 A.M., the drivers reportedly heard some noise and noticed that the fuel tank lock of the truck CG-06-GY-9774 had been forcibly broken. The drivers observed 2–3 persons near the truck and one person sitting inside a Scorpio Car bearing registration CG-11- BK-9196 parked nearby. When the truck driver Pankaj attempted to get down from the truck, the person inside the Scorpio Car allegedly approached him with an iron rod and threatened him. It is further alleged that 2–3 persons stole fuel from the truck using a pipe, amounting to approximately 300 litres, valued at around Rs. 30,000/-. Acting on the complaint, Police Station Saraipali registered Crime No. 175/2025 for offences punishable under Sections 303(2), 351(2), 111, 112, read with Section 3(5) of the Bhartiya Nyaya Sanhita (B.N.S.) and arrested the applicant on 12.07.2025. It is further alleged that the applicant was involved in the commission of the offence. However, the applicant maintains that he is innocent and has not committed any offence. He works as a driver and was returning from Mahasamund after dropping family members of government officials. During his return, he encountered a police checkpoint where an illegal demand for money was allegedly made, which he refused. Subsequently, he contends that the present case was falsely registered against him. The applicant has not played any role in the alleged crime and is a second-year college student and the sole earning member of his family, which is facing financial hardship, including his mother suffering from paralysis. 3 3. The applicant submits that he is innocent and has not committed any offence as alleged against him. He was not present at the scene of the alleged crime and has played no role in its commission. The applicant has been falsely implicated by Police Station Saraipali on the basis of fabricated evidence, and no recovery of alleged property has been made from his possession. He was working as a driver, having gone to Mahasamund to drop family members of government officials, and while returning, encountered a police checkpoint where an illegal demand for money was made; upon his refusal, he was threatened and falsely implicated in the case registered on 10.07.2025. The applicant is a second-year college student, the sole earning member of his family, and his mother is suffering from paralysis, causing significant financial hardship. He has been in custody since 12.07.2025, and as the case is pending trial before the Learned Judicial Magistrate First Class, final disposal is likely to take considerable time. The applicant is a permanent resident of Vill- Bagadbari, P.S. Baloda, Dist-Janjgir-Champa (C.G.), and there is no likelihood of his absconding or tampering with witnesses. He is willing to furnish adequate surety and abide by all directions and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application, and submits that the applicant has 02 criminal antecedents, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the submissions made by the learned 4 counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 12.07.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Umesh Kumar Bhardwaj, involved in Crime No. 175/2025, registered at Police Station Saraipali District – Mahasamund (C.G.) for the offence punishable under Section 305,351(2),3(5),111,112 & 317(4) of the BNS., 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 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 5 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