1 2025:CGHC:54589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8632 of 2025 Rahul Ranjan S/o Rakesh Kumar Aged About 35 Years R/o Modan Tola Mokama, Ward No. 19, Mokameh Patna, P.S. Mokama, District- Patna (Bihar) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O. P.S. Mana Camp Raipur, Tahsil And District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ankit Singh, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/11/2025 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. 385/2023 registered at Police Station Mana Camp Raipur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 407 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant lodged a written report at Police Station Mana Camp stating that on 11.12.2023, he had given his black Creta car bearing registration number CG 04 NZ 7111 to his friend Satendra to drive. On 12.12.2023, the complainant sent his former driver Rahul Ranjan (the present accused) to Hotel Airport Inn, Mana Camp, to collect the said vehicle from Satendra. However, instead of returning the car, Rahul Ranjan took it away and used it for his personal purposes. Based on this report, an offence was registered against the accused at Police Station Mana Camp as Crime No. 385/2025 for the offence punishable under Section 407 of the Indian Penal Code (IPC). The accused was later taken into custody during investigation. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the allegations leveled in the F.I.R. do not prima facie constitute any offence under Section 407 of the Indian Penal Code. The said report appears to have been lodged with malafide intention and with an ulterior motive to falsely implicate the present applicant in a fabricated case. It is further submitted that the complainant has maliciously lodged the FIR against the present applicant along with the main accused without any cogent basis. The applicant is in jail since 3 18.04.2025, the applicant has five criminal antecedents, out of which, two cases are disposed of and in remaining three cases, the applicant is on bail, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to have taken unlawful possession of the complainant’s Creta car bearing registration number CG 04 NZ 7111, which was entrusted to him on 12.12.2023 for the limited purpose of collecting it from one Satendra at Hotel Airport Inn, Mana Camp. Instead of returning the said vehicle to the complainant, the applicant is alleged to have misappropriated and used it for his personal purposes, thereby committing a criminal breach of trust in respect of the property entrusted to him. Therefore, the applicant is not entitled for grant of 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, the period of detention of the applicant since 18.04.2025 and the fact that though the applicant is alleged to have taken unlawful possession of the complainant’s Creta car bearing registration number CG 04 NZ 7111, which was 4 entrusted to him on 12.12.2023 for the limited purpose of collecting it from one Satendra at Hotel Airport Inn, Mana Camp and instead of returning the said vehicle to the complainant, the applicant is alleged to have misappropriated and used it for his personal purposes, but considering the fact that no recovery has been made from the present applicant as the same has been made form the co-accused, who is absconding, further considering the criminal antecedents of the applicant, the applicant has five criminal antecedents, out of which, two cases are disposed of and in remaining three cases, the applicant is on bail, charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Rahul Ranjan, involved in Crime No. 385/2023 registered at Police Station Mana Camp Raipur (C.G.) for the offence punishable under Section 407 of the Indian Penal Code, 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 5 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 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. 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 Akhil