1 2025:CGHC:56453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8932 of 2025 Sanjay Bandhey S/o Sukhiram Bandhey Aged About 27 Years R/o Mini Basti, Jarhabhatha, Ward No. 21, P.S. Civil Line District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line District Bilaspur C.G. ... Respondent For Applicant : Shri Pawan Kumar Kashyap, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/11/2025 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.806/2025 registered at Police Station Civil Line, Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections 326 (g), 191 (2), 3(5) of B.N.S. 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.20 18:26:41 +0530 2 2. Case of the prosecution, in brief, is that complainant has made complaint to the concerned police station alleging inter-alia that on the date of incident i.e. 13.07.2025 there was some dispute arose in between the complainant and accused persons regarding previous enmity and thereafter, the accused persons have fired the house of the complainant by petrol, due to this, damaged property of the complainant total amount of Rs. 3,50,000/-. Based upon the such complaint concerned police has been registered against the applicant for the offence u/s 326 (g), 191(2), 3(5) of B.N.S. 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent and has falsely been implicated in this case. He would submit that the property of the complainant has not been damaged by the present applicant. He would submit that the police has not seized any said article from the applicant and only on the basis of memorandum, the applicant has been arrested by the police. He would submit that the applicant has three criminal antecedents in which he has been acquitted, charge sheet has been filed in this case, the applicant is in jail since 14/08/2025 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 and he would submit that charge sheet has been filed in this case before the competent court and the applicant has three criminal antecedents in which he has been acquitted. 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, 3 nature of allegation levelled against the applicant, period of detention of the applicant since 14/08/2025, charge sheet has been filed, applicant has three criminal antecedents in which he has been acquitted 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- Sanjay Bandhey, involved in Crime No.806/2025 registered at Police Station Civil Line, Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections 326 (g), 191 (2), 3(5) of B.N.S. 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. (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 4 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