1 2025:CGHC:51474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8235 of 2025 Bhagvati Nishad D/o. Pardesi Nishad, Aged About 49 Years, R/o. Village Jhola, P.S. Anda, Tahsil and District – Durg, (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Basantpur, District - Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Animesh Tiwari, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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. 257/2025, registered at Police Station – Basantpur, District - Rajnandgaon (C.G.) for the offence punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 25 and 27 of Arms Act and Section 21 of the Mines and Minerals (Development and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.16 18:09:17 +0530 2 Regulation) Act, 1957. 2. According to the prosecution, on 11.06.2025, at Village Mohad, Police Station Basantpur, District Rajnandgaon, certain miscreants were found engaged in illegal excavation and transportation of minerals without valid authority. When villagers and others objected, the accused allegedly formed an unlawful assembly, assaulted the complainant, and even opened fire with intent to kill. Several earth-moving machines, including JCBs and trucks belonging to the present applicant, were found at the site and used in the illegal mining operation. It is alleged that the applicant, as the operator/driver of a JCB machine, knowingly abetted, conspired, and facilitated the commission of the offences. Consequently, offences under Sections 109(2), 115, 190, 191(2), 191(3), 296, and 351(2) of the Bhartiya Nyaya Sanhita, Sections 25 and 27 of the Arms Act, and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, have been registered against him. The applicant was arrested on 12.06.2025. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that at the relevant time, he was performing his duty as an operator of a JCB machine, and there is no evidence to suggest any active involvement or intention to commit an offence. He further submits that the applicant had no knowledge that the JCB machines was allegedly 3 being misused for unlawful purposes. He further submits that the applicant has not been named in the FIR and one of the co-accused, the owner of the JCB Machine has already been granted bail by this Court on 24.09.2025 passed in MCRC No. 7726/2025. Furthermore, the charge-sheet has already been filed, and the applicant has been in jail since 12.06.2025. As the trial is likely to take a considerable amount of time to conclude, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations against the applicant, the fact that he is merely the driver of the vehicle in question and has not been named in the FIR, that he has been in custody since 12.06.2025 with no prior criminal antecedents, that the charge-sheet has already been filed, and that the trial is likely to take some time and further, that the applicant’s case is distinguishable from that of the co-accused who allegedly assaulted the three injured persons, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - 4 Bhagvati Nishad, involved in Crime No. 257/2025, registered at Police Station – Basantpur, District - Rajnandgaon (C.G.) for the offence punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 25 and 27 of Arms Act and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, 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 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 5 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 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 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 his 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 Preeti