1 2025:CGHC:55914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8230 of 2025 1 - Deepanshu Sahu S/o Kishore Sahu, Aged About 19 Years, 2 - Yashwant Vishwakarma, S/o Puran Lal Vishwakarma, Aged About 30 Years, Both R/o Village Fusera, Chowki Birejhar, P.S. Kurud, District Dhamtari (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Kurud (Police Chowki Birejhar) District Dhamtari (C.G.) ... Respondent For Applicants : Shri Vikash Pandey, 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 applicants who have been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.18 14:22:53 +0530 2 No.223/2025 registered at Police Station Kurud (Police Chowki Birejhar), District Dhamtari (C.G.) for the offence punishable under Sections 326 (छ), 331(4), 306, 3(5) of B.N.S. 2023. 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. 07.09.2025 the unknown persons entered in the Panchayat Bhawan of village Kotgaon by breaking lock and damaged the several documents by fire. Based upon the such complaint concerned police has been registered against the applicants for the offence u/s 326 (छ), 331(4), 306, 3(5) of B.N.S. 2023. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is argued that the applicants have not committed any of the alleged offences, nor have they caused any damage to the property of the complainant or the Gram Panchayat. The main accused, Bhupesh Kumar, resides at the place of incident, whereas the applicants reside outside the village and had neither entered the Gram Panchayat premises nor participated in the alleged act. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 16/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 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 applicants have no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants, period of detention of the applicants since 16/09/2025, charge sheet has been filed, applicants have no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Deepanshu Sahu & Yashwant Vishwakarma, involved in Crime No.223/2025 registered at Police Station Kurud (Police Chowki Birejhar), District Dhamtari (C.G.) for the offence punishable under Sections 326 (छ), 331(4), 306, 3(5) of B.N.S. 2023, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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