1 2025:CGHC:55922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7680 of 2025 Vijay Kumar Sahu S/o Shri Balbhadra Prasad Sahu Aged About 35 Years R/o Village- Tanaud, Police Station- Shivarinarayan, District Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Shivarinarayan, District- Janjgir-Champa (C.G.) ... Respondent For Applicant : Shri Paras Mani Shriwas, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/11/2025 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.383/2025 registered at Police Station Shivarinarayan, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 317 (5) of Bhartiya Nyaya Sanhita 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.18 11:36:43 +0530 2 2. Case of the prosecution, in brief, is that on dated 04/09/2025 at about 23.10 O'clock, applicant had purchased 630 liters of stolen diesel for consideration amount of rupees 35/- per liter and kept in his possession, on the basis of that Crime No. 383/2025 has been registered against the applicant under section 317 (2), 317 (4), 317 (5) of Bhartiya Nyaya Sanhita 2023 and thereafter he subsequently been arrested on dated 06/09/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is engaged in agricultural work and owns five tractors and one JCB machine and in the ordinary course of his agricultural operations, he legally purchased diesel from Rahod Fuels, for which valid purchase receipts are available. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 06/09/2025 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 she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, nature of allegation levelled against the applicant, period of detention of the applicant since 06/09/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact 3 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- Vijay Kumar Sahu, involved in Crime No.383/2025 registered at Police Station Shivarinarayan, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 317 (5) of Bhartiya Nyaya Sanhita 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 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 4 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