1 2025:CGHC:61349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9180 of 2025 Shekh Ahesanuddin S/o Shekh Nasiruddin, Aged About 37 Years R/o Behind The Jutmil Police Station, Raigarh, District Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District Raigarh (C.G.) ... Non-applicant(s) For Applicant : Mr. Rajendra Tripathi, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 332/2025, registered at Police Station : Jutmil, District- Raigarh (C.G.) for the offence punishable under Section 77 of Juvenile Justice (Child Care and Protection) Act, 123, 275, 286 of BNS. 2. Prosecution story in brief is that the Police Station Jutmil received secret information that the applicant was carrying Omni Solution KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Tubes in the trunk of his motorcycle and selling the same to minor children. Acting upon the said information, the police conducted a raid and seized 19 tubes of Omni Company chemical vulcanizing fluid, each tube containing 75 ml, totaling 1425 ml, valued at Rs. 950/-. Based upon such, an FIR has been registered against the applicant for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. It is submitted that the applicant is running a cycle repair shop and the alleged solution was kept solely for the purpose of cycle repairing and not for any illegal activity. He further submits that the applicant is in judicial custody since 21.09.2025 and the trial is likely to take a considerable long time for its conclusion. The applicant is a poor person and his entire career and livelihood would be irreparably prejudiced if he is kept in custody for an indefinite period. He further submits that in the present case, charge-sheet has filed before the competent Court and the applicant has no previous criminal antecedent and further the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned State counsel opposes the prayer for grant of bail and submits that on the basis of secret information, the police seized 19 tubes of Omni Company chemical vulcanizing fluid from the trunk of the applicant’s motorcycle, which he was allegedly selling to minor children. The seizure has been made in accordance with law and the offence is serious in nature. If released on bail, the applicant 3 may influence the witnesses or repeat the offence. Hence, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and he is in jail since 21.09.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application is allowed. 8. Let applicant, Shekh Ahesanuddin, involved in Crime No. 332/2025, registered at Police Station : Jutmil, District- Raigarh (C.G.) for the offence punishable under Section 77 of Juvenile Justice (Child Care and Protection) Act, 123, 275, 286 of BNS, be released on bail on furnishing personal bond with two 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 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal