1 2025:CGHC:53415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8560 of 2025 Narad Goswami S/o Shankar Giri Aged About 55 Years R/o House No. 514, Gevra Basti, Tehsil- Katghora, District- Korba (C.G) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Tamnar District- Raigarh (C.G.) ... Respondent For Applicant : Shri Sushil Dubey, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/10/2025 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.170/2025 registered at Police Station Tamnar District - Raigarh (CG) for the offence punishable under Sections 309(4), 309(6), 310(2) of BNS 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.01 17:56:06 +0530 2 2. Case of the prosecution, in brief, is that on 18.08.2025 the complainant Sanjay Patel submitted a written complaint before the concerned police station stating therein that in May 2025 he purchased vehicles bearing No. CG 12 BQ 0369, CG 12 BQ 0371, CG 12 BQ 0372, CG 12 BQ 0373 in his name in an auction conducted by SBI Korba which he was using in 4/6 Pelam Mines to DCPP. The vehicles are registered in the name of main accused Aman Goswami who on 17.08.2025 at 11:30 PM to 18.08.2025 at 2:45 AM came along with other persons and tried to take the vehicles' possession from the drivers by doing maar pit and had taken the vehicles with him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the FIR was initially registered against one Aman Goswami, and the applicant, who is his father, was subsequently implicated during investigation. He would submit that the applicant was arrested merely because he went to the police station after being informed about his son’s arrest; no incriminating material has been found against him. He would submit that the applicant is a heart patient, having undergone a heart operation. He would further submit that co-accused, namely Jitendra Giri, has already been granted regular bail by the trial court. He would submit that the applicant is in jail since 19.08.2025 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. He would submit that no recovery has been made from the present applicant. 3 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, further the fact that no recovery has been made from the present applicant, co-accused, namely Jitendra Giri, has already been granted regular bail by the trial court, period of detention of the applicant since 19.08.2025 and also considering the fact that trial is likely to take 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. Accordingly, the bail application is allowed and it is directed that the Applicant- Narad Goswami, involved in Crime No.170/2025 registered at Police Station Tamnar District - Raigarh (CG) for the offence punishable under Sections 309(4), 309(6), 310(2) of BNS 2023, be released on bail on his furnishing a 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 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. 4 (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 gouri