1 2025:CGHC:42479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5806 of 2025 • Dhiraj Anil Reddy S/o Anil Reddy, Aged About 37 Years R/o Sanjay Gandhi Nagar, Near Ambedkar Hospital, Police Station Panchpawali, District Nagpur Maharashtra, ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Rengakhar, District Kabirdham C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Abhishek Sharma, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.75/2024 registered at Police Station Rangakhar, District-Kabirdham (C.G.). for the offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2)(B), 3(8 )of B.N.S. and section 3/181, 5/180 of the Motor Vehicles Act. 2. Case of the prosecution, in brief, is that, on 09.11.2024 at 5.00 PM Forest Guard Niwaspur made a written complaint to the Police that when he was in the night duty on 07.11.2024, the peons namely Paltan Ram and Pancham Singh Maravi informed him on mobile that, the driver of suspected truck no. CG 22 C 9977 broke the barrier by rashly and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.22 18:43:51 +0530 2 negligently driving the vehicle and also tried to run over the staff posted at Government barrier. On this complaint FIR no. 75/2024 under section 281, 221, 132, 324(4), of BNS and section 3 of Prevention of Damage to Public Property Act was registered and statement of witnesses and accused Rakesh Jaiswal was taken into custody and his memorandum statement was recorded. As per the memorandum statement of the accused Rakesh Jaiswal the involvement of the applicant was found, therefore the present applicant was arrested on the false allegation by the police, hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that neither the vehicle nor the cattle belong to the applicant and only on the basis of memorendum stattement of the co-accused, he has been implicated in crime in question. He would further submit that co-accused has already been granted regular bail by this Court in MCRC No. 4806/2025 on 24.06.2025. He would further submit that charge sheet has been filed, there are four criminal antecedents against the applicant, he is in jail since 05/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in the present case. She would submit that applicant has four criminal antecedent vide crime No.31/2024 registered at Police Station -Salewara Distrtict- Khairagarh- Chuikhadan-Gandai (C.G.) on similar allegation, crime No.516/2023 police Station Devalpur, District-Nagpur (M.H) for the offence under Sections 297, 34, 429, of IPC and Sections 5(a), 9 of Maharashtra Animal Preservation Act, 1995 and Section 11(1)(d) of the Prevention of Cruelty to Animal Act, Crime No.46/2024 registered at Police Station – Kurai, District-Seoni (M.P) for the offence under Sections 4,9 of the M.P. Gowansh Vadh Pratishedh Adhiniyam and Section 11 of the Prevention of Cruelty to Animal Act and Crime No.16/2025 registered at Police Station Simga for the offence under 3 Sections325 of BNS, Sections 3(5) of the Chhattisgarh Cattle Act 2004, Section 11 of the Prevention of Cruelty to Animal Act. She further submits that applicant is a habitual offender, therefore, applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that co-accused has already been granted regular bail by this Court in MCRC No. 4806/2025 on 24.06.2025, charge sheet has been filed, period of detention of the applicant since 05/05/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Dhiraj Anil Reddy, involved in Crime No.75/2024 registered at Police Station Rangakhar, District-Kabirdham (C.G.). for the offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2) (B), 3(8 )of B.N.S. and section 3/181, 5/180 of the Motor Vehicles Act, be released on bail on his furnishing a 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali