1 2025:CGHC:42482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5843 of 2025 1 - Rakesh Jaiswal S/o Poonam Chand Jaiswal Aged About 36 Years R/o Ward No. 1, Gali No. 02, Near Govt. Middle School, Indore, Police Station Banganga, District- Indore (M.P.) 2 - Shahjad Khan S/o Ibrahim Khan Aged About 32 Years R/o Plot No. 450 Near Masjid, Yashodhara Nagar, Nagpur (Maharashtra) (Details As Per Final Report Of The Applicants) ... Applicants versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station - Rengakhar, District- Kabirdham (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : 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 applicants who have been arrested in connection with Crime No.75/2024 registered at Police Station Rengakhar, 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 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.23 11:04:45 +0530 2 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 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 applicants submit that the applicants are innocent and they have been falsely implicated in the present case. He would submit that neither the vehicle nor the cattle belong to the applicants and only on the basis of memorandum statement of the co-accused, they have 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 one criminal antecedents against the applicants, they are in jail since 07/04/2025 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 applicants have one 3 criminal antecedent for the same allegation bearing crime No.31/2024. She further submits that applicant is a habitual offender, therefore, applicants are 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 07/04/2025 and trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants- Rakesh Jaiwal and Shahjad Khan involved in Crime No.75/2024 registered at Police Station Rengakhar, 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 on their 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 4 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 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