1 2025:CGHC:50101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6927 of 2025 • Mohammad Adil S/o Mohammad Aslam Aged About 32 Years Resident Of Sihawa Chowk Dhamtari District- Dhamtari (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer P.S. Jutmil District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pushp Kumar Gupta, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.10.2025 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. 281/2025, registered at Police Station – Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 319(2), 324(3), 324(5), 351(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3, 5 of Prevention of Damage to Public Property Act, 1984. 2. The case of the prosecution, is that on 17.08.2025, a complaint made by the complainant is that the co-accused by use of JCB Machine, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.09 16:36:45 +0530 2 did vandalism the Anganbadi situated at Ward No.34 Sant Vinobanagar. The applicant has been arrested on the memorandum of other accused. Hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no FIR registered against the present applicant, he has been arrested only on the basis of the memorandum statement of other co-accused and there is five criminal antecedents registered against the present applicant, out of which in four cases applicant has been acquitted and only one case is pending against the applicant, copy of the same annexed herewith as Annexure A-2. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 18.08.2025 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 five criminal antecedents registered against the present applicant, out of which in four cases applicant has been acquitted and only one case is pending against the applicant 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 there is no FIR registered against the present applicant, he has been arrested only on the basis of the memorandum statement of other co- accused and there is five criminal antecedents registered against the 3 present applicant, out of which in four cases applicant has been acquitted and only one case is pending against the applicant, charge- sheet has been filed against the applicant, the applicant is in jail since 18.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Mohammad Adil, involved in Crime No.281/2025, registered at Police Station – Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 319(2), 324(3), 324(5), 351(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3, 5 of Prevention of Damage to Public Property Act, 1984, 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 4 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 vaishali