1 / 5 2025:CGHC:54639 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8942 of 2025 Rohitdas Mahant S/o Mangaldas, Aged About 36 Years R/o Raikera, P.S. Gharghoda, Distt. Raigarh (C.G.) --- Applicant versus State Of Chhattisgarh Through The Station-In-Charge, Distt. Raigarh (C.G.) ---Non-applicant For Applicants : Mr. Aniket Verma, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 231/2025, registered at Police Station Gharghoda District – Raigarh (C.G.) for the offence punishable under Sections 126(2), 296, 115(2), 119(1), 309(6) & 3(5) of the BNS 2023. 2. The prosecution case in brief is that a written complaint was lodged by the complainant, alleging that he works as a JCB driver in the construction company, whose contract work is to dig soil in NTPC VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 17:31:37 +0530 2 / 5 Company at Gharghoda area. That on 03/09/2025, when the complainant along with his helper Suraj Sidar, were going from Raikera Basti to NTPC Tilaipali in JCB vehicle at around 02:00 pm. It is alleged that as soon as they reached near Raikera accused namely Chakradhar Yadav and present applicant stopped them by standing in front of my JCB machine and demanded money to drink alcohol. In which the complainant told that he is a driver, he will give the phone number of the clerk or he will get him talk to the said clerk on his phone On saying this, Chakradhar Yadav and Rohit Mahant, started abusing complainant and his helper Suraj Sidar with filthy words and caught hold of complainant's collar and hit his on the cheek. They slapped and pulled them down from the JCB vehicle. It is alleged that Chakradhar Yadav and Rohit Mahant snatched the keys of the JCB vehicle and Chakradhar Yadav started the JCB vehicle and Rohit Mahant sat on the adjacent seat. Both of them looted the JCB vehicle number CG 13 LA 5265 worth approximately Rs. 11 lakhs. Accordingly, the applicant is alleged to have committed offences punishable under Sections 126(2), 296, 115 (2), 119(1), 309 (6), 3(5) of the Bharatiya Nyaya Sanhita (BNS) 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case. He further submits that the applicant has not committed any offence as alleged against him, and the allegations levelled are false, fabricated, and motivated. As per the prosecution story, the only allegation against the applicant is that he, along with the co-accused, allegedly stopped the complainant’s JCB vehicle, demanded money for alcohol, and 3 / 5 thereafter took away the said vehicle, however, there is no credible or independent evidence to substantiate these allegations. No incriminating article or the alleged JCB has been seized from his possession or at his instance. The applicant has been falsely implicated due to his continuous protest and objection against NTPC, Gharghoda authorities regarding inadequate compensation and non- provision of employment to affected landholders, and the present case has been maliciously instituted to harass him. It is pertinent to mention that the main accused, Chakradhar Yadav, from whose possession the JCB was recovered, has already been granted bail by this Hon’ble Court in MCRC No. 8458/2025. The applicant has been in jail since 04.09.2025, is aged about 36 years, and his continued incarceration is causing undue hardship. He is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with witnesses, and he is ready to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent Court. He further submits that the applicant has three criminal antecedents and 11 cases are under Istagasa, therefore, he is not entitled to be released on regular bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the submissions made by the learned counsel 4 / 5 for the parties, and further considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, the fact that no recovery has been made from the applicant, and that one co-accused has already been granted bail by this Court in MCRC No. 8458 of 2025 vide order dated 27.10.2025, as well as the fact that the charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 04.09.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Rohitdas Mahant, involved in Crime No. 231/2025, registered at Police Station Gharghoda District – Raigarh (C.G.) for the offence punishable under Sections 126(2), 296, 115(2), 119(1), 309(6) & 3(5) of the BNS 2023, be released on bail on furnishing 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 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. 5 / 5 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav