1 2025:CGHC:51254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7271 of 2025 Netram Sahu S/o Parau Ram Sahu Aged About 43 Years R/o Jarve, Thana - Palari, Distt. - Baloda Bazar-Bhatapara Chhattisgarh (Father Name Wrongly Mentioned In Order Sheet) ...Applicant Versus State Of Chhattisgarh Through Sho, Police Station - Palari, Distt. - Baloda Bazar-Bhatapara Chhattisgarh … Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.10.2025 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. 295/2025 registered at Police Station : Palari District – Baloda-Bazar Bhatapara (C.G.) for the offence punishable under Section 298,299,196 & 324(3) of the BNS and Section 3 of Prevention of Damages to Public Property Act and 3 of Damage to Public Property Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.15 11:28:58 +0530 2 2. The prosecution case in brief is that Complainant namely Kishan Singh Dhruv has lodge the report that on 17.08.2025 the some unknown persons has desecrated the statue of freedom fighters near village Jarve by black polishing it, thereby hurting the reputation of the villagers' so the report lodged by complainant against accused person and police has been arrested the applicant for the alleged commission of offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He further submits that the complainant, despite not having caused any injury to him. The applicant has been made an accused solely on the basis of the memorandum of the co-accused, which cannot be legally used against him. The investigation is still pending, and he is in jail since19.08.2025 therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel State opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by the learned 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 19.08.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that 3 the applicant is entitled to be released on bail in the present case. 7. Let applicant, Netram Sahu, involved in Crime No. 295/2025 registered at Police Station : Palari District – Baloda-Bazar Bhatapara (C.G.) for the offence punishable under Section 298,299,196 & 324(3) of the BNS and Section 3 of Prevention of Damages to Public Property Act and 3 of Damage to Public Property Act, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 4 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav