1 2025:CGHC:58595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9779 of 2025 Mamlesh Khairwar S/o Phoolchand Khairwar Aged About 25 Years R/o Village - Salihabhatha, Police Station- Kartala, District Korba C.G. ... Applicant versus State of Chhattisgarh Through Station House O昀케cer, Police Station- Kartala, District Korba C.G. ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.12.2025 1. This is the Second Bail Application 昀椀led under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 106/2024, registered at Police Station- Kartala, District Korba, (C.G.) for the o昀昀ence punishable under Section 326(g) of Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant was granted by this Court in M.Cr.C. No. 71/2025 vide order dated 08.01.2025. The applicant had been regularly appearing before the learned Trial Court, however, he could not appear on 24.06.2025, due to which RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 an arrest warrant was issued, and he was subsequently arrested on 14.10.2025. 3. The case of the prosecution, in brief, is that on 07.11.2024, the complainant Manoj Khairwar lodged a report stating that on 02.11.2024, at about 10:00 PM, one Mamlesh Khairwar, in an intoxicated condition, created a ruckus in front of his house and, when objected to, abused and scu昀툀ed with him. Later, around 11:00 PM, three motorcycles belonging to the complainant, parked in his courtyard, bearing registration numbers CG-12-AQ-4392, CG-12-BN-6670, and CG-12-AJ-0369, worth about Rs. 1,50,000/-, were set on 昀椀re by someone. The complainant’s wife informed him that she had seen the accused running away from the spot. On his report, Crime No. 106/2024 under Section 326(g) of the Bharatiya Nyaya Sanhita, 2023 was registered at Police Station Kartala, District Korba (C.G.), witnesses’ statements were recorded, the burnt motorcycles were seized, and after investigation, charge- sheet was 昀椀led before the Judicial Magistrate First Class, Kartala in Criminal Case No. 11/2025. Further his earlier bail application (M.Cr.C. No. 71/2025) was allowed on 08.01.2025, considering his detention from 28.11.2024, absence of criminal antecedents, and completion of investigation. Thereafter, he regularly appeared before the Trial Court but, due to medical ailment, failed to appear on 24.06.2025 and could not inform his counsel, resulting in issuance of an arrest warrant. Although he later attempted to surrender voluntarily, he was arrested on 14.10.2025 in execution of the warrant. The applicant is in custody since 14.10.2025. 3 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that after being granted bail earlier by this Hon’ble Court, the applicant regularly appeared before the learned Trial Court, and his absence on 24.06.2025 occurred only due to medical ailment and his failure to inform counsel, which was a bona 昀椀de and unintentional lapse. Counsel submits that the applicant deeply regrets this mistake and undertakes not to miss any future appearance before the Trial Court. It is further submitted that the applicant has been in custody since 14.10.2025, the investigation is complete, the charge sheet has been 昀椀led, and there is no possibility of tampering with evidence or in昀氀uencing witnesses. Therefore, in the larger interest of justice, the applicant deserves to be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been 昀椀led before the competent Court. He further submits that though the applicant was earlier granted bail by this Hon’ble Court, but he deliberately failed to appear before the learned Trial Court on 24.06.2025 without any su昀케cient or cogent reason and also did not inform his counsel regarding his absence, resulting in the issuance of an arrest warrant. It is submitted that the applicant thereafter remained absconding for several months and was 昀椀nally arrested on 14.10.2025 in execution of the warrant, which clearly shows that the applicant has misused the earlier liberty granted to him and has committed a bail jump, demonstrating his unwillingness to 4 cooperate with the trial. He further submits that the allegations of setting three motorcycles on 昀椀re are serious in nature and releasing the applicant again on bail may result in him absconding or tampering with evidence. Hence, he prays that the present application for bail be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly that he was earlier granted bail and had regularly appeared before the Trial Court, and that his absence on 24.06.2025 was due to medical ailment and not a deliberate attempt to evade the proceedings, coupled with the fact that the investigation is complete, the charge sheet has been 昀椀led, and the applicant has remained in custody since 14.10.2025, this Court is of the view that the lapse was bona 昀椀de and stands su昀케ciently explained. In the absence of any likelihood of tampering with evidence or in昀氀uencing witnesses, and taking into account the overall circumstances, the applicant is entitled to be enlarged on bail. 8. Let the Applicant – Mamlesh Khairwar, involved in Crime No. 106/2024, registered at Police Station- Kartala, District Korba, (C.G.) for the o昀昀ence punishable under Section 326(g) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two heavy sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 5 (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 昀椀xed 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 昀椀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 su昀케cient cause, then it shall be open for the trial court to treat such default as abuse 6 of liberty of bail and proceed against him in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certi昀椀ed copy of this order in accordance with law, if there is no legal impediment. 10. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan