1 2025:CGHC:53345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6930 of 2025 Jayprakas Sahu @ Haddi S/o Late Ramlakhan Aged About 23 Years R/o Village Khursipar, Zone Constituency, Police Station Khursipar, District- Durg, (C.G.) ... Applicant versus Union Of India Through Station House OfÏcer, Police Station Railway Protection Force Bhatapara, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Gorelal Tandon, Advocate. For Non-applicant/UOI : Mr. Ramakant Mishra, Deputy Solicitor General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 04/2025, registered at Police Station – Railway Protection Force Bhatapara, District – Raipur (C.G.) for the offence punishable under Section 3(A) of the RPUP Act. 2. The case of the prosecution, is that that on Date-18/02/2025, Sub Inspector D. K. Shastri of Railway Protection Force Outpost Tilda along RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 with his staff while checking Mandhar section in night colonial patrol, saw a truck no. CG 10 Y-8522 standing in suspicious condition near railway kilometer no. 808/1-3 on the road between Mandhar and Silyari and on going there and looking towards the railway line, he saw 5-7 persons coming with a piece of railway line, out of which one person was caught after a chase and on interrogating him, he told his name as Gaurav Chaturvedi and that He informed that he along with other persons did the recce of the railway line and gathered labourers and cut the pieces of the railway line with a gas cutter and placed two pieces of the railway line on a truck and took action for seizure of 2 pieces of LPG cylinder, 3 pieces of oxygen cylinder and 3 nozzles, truck number CG 10 Y-8522 and 5 pieces of 60 kg railway line. In this case, a case was registered against accused Gaurav Chaturvedi and others under Crime No. 4/25 Section 3 (A) RPUP Act and investigation proceedings were initiated. During investigation, it was found that accused Sagar Bharti, Jaiprakash, Harkesh Shukla and Sunil Giri together had given cash to Gaurav Chaturvedi through Sagar Bharti Goswami to steal the railway line, which Gaurav Chaturvedi along with his accomplices used to steal a truck and steal the pieces of the railway line kept along the railway line between Mandhar and Silyari. For buying and selling iron scrap, Sagar Goswami and Harkesh Shukla used their mobile numbers to sell the stolen goods. On the basis that the accused, along with other accused, had given Rs. 30,000 in cash to Gaurav Chaturvedi to steal the railway line and had instigated him by promising to give him a good price, Section 4 of the Railway Property Act was included in the case. Therefore the crime has been registered and arrested the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one 3 criminal antecedent registered against the present applicant. It is submitted that the co-accused persons have been granted bail by this Court vide orders dated 09.07.2025 and 09.07.2025, passed in MCRC Nos. 3595/2025 and 3244/2025. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 18.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned Deputy Solicitor General appearing for the respondent/UOI opposed the bail application and he would submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is one criminal antecedent registered against the present applicant, charge-sheet has been filed against the applicant and the co-accused persons have been granted bail by this Court vide orders dated 09.07.2025 and 09.07.2025, passed in MCRC Nos. 3595/2025 and 3244/2025, the applicant is in jail since 18.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Jayprakas Sahu @ Haddi, involved in Crime No. 04/2025, registered at Police Station – Railway Protection Force Bhatapara, District – Raipur (C.G.) for the offence punishable under Section 3(A) of the RPUP Act, 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:- 4 (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 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. 8. 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 Rajshekhar