1 2025:CGHC:60298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10220 of 2025 Jitendra @ Jeetu Narolia S/o Shri Jawahar Sharma Aged About 30 Years R/o Village Singhpur Road, Desainagar, Ward No. 6, P.S. Morar, Distt. Gwalior M.P. (Father name is correctly mention and page No.11 is wrongly mentioned) ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, P.S. Basantpur, Rajnandgaon, Distt. Rajnandgaon, Chhattisgarh. ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/12/2025 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.257/2025 registered at Police Station Basantpur, Distt.- Rajnandgaon (C.G.) for the offence punishable under Sections 109(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.12 17:55:46 +0530 2 191(2), 191(3), 190, 296, 115(2), 351(2) of Bharatiya Nyaya Sanhita 2023 and Section 21 of the Mines and Minerals (Development and Regulation) Act 1957, and 25, 27 of Arms Act 1959. 2. Case of the prosecution, in brief, is that on 11.06.2025, when villagers knowing of sand being stolen from the river in Mohad Village, Complainant Jitendra Sahu and others went to the river. A JCB, followed by two cars carrying some persons, was approaching. Despite attempts to stop the JCB, the driver refused to stop and continued driving. When villagers forcibly stopped the JCB, the occupants of the car threatened the villagers to get out of the way or they would kill them and began using obscene language. When the villagers objected, the passengers of the car exited the car and assaulted them with fists and sticks. One person fired a pistol-like weapon, striking Jitendra Sahu. Others were also injured by the sticks. On the written complaint of the complainant Jitendra Sahu, Crime No. 257/2025 was registered against the co-accused persons, under sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351 (2) of the Indian Penal Code, 2023 and section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, in the Police Station-Basantpur and taken him into investigation and after completion of investigation chargesheet has been filed. 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 co-accused namely Krishna @ Golu Gurjar has been granted regular bail by this Court in MCRC No. 10131 of 2025 on 10.12.2025. He would submit that the charge sheet has been filed in this case, the 3 applicant is in jail since 20/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel do not dispute the fact that co-accused namely Krishna @ Golu Gurjar has been granted regular bail by this Court in MCRC No. 10131 of 2025 on 10.12.2025. 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, further the fact that co-accused namely Krishna @ Golu Gurjar has been granted regular bail by this Court in MCRC No. 10131 of 2025 on 10.12.2025, period of detention of the applicant since 20/06/2025, charge sheet has been filed 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- Jitendra @ Jeetu Narolia, involved in Crime No.257/2025 registered at Police Station Basantpur, Distt.- Rajnandgaon (C.G.) for the offence punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2) of Bharatiya Nyaya Sanhita 2023 and Section 21 of the Mines and Minerals (Development and Regulation) Act 1957, and 25, 27 of Arms Act 1959, be released on bail on his furnishing a personal bond with two local 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 4 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 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