1 2025:CGHC:60976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8927 of 2025 1 - Neeraj Kumar S/o Ram Ujagir Gautam Aged About 23 Years R/o Villa Hariya Sarpataha, P.S. Chanda, Distt- Sultanpur (U.P.) Presently R/o Village Gujra P.S. Mandir Hasaud, District- Raipur (C.G.) 2 - Akhilesh Choubey S/o Late Gulab Choubey Aged About 26 Years R/o Village Ghorath, P.S. Bilari, District- Ajamgarh (U.P.) Presently R/o Gujra Fatak, Lakholi, District- Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through- P.S. Vidhansabha, Raipur District- Raipur (C.G.) ... Respondent For Applicants : Shri Mayank Chandrakar, Advocate. For Respondent/State : Shri Neeraj Kumar Sharma, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025 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 applicants who have been arrested in connection with Crime No.493/2025 registered at Police Station Vidhansabha, District Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.16 11:49:52 +0530 2 (C.G.) for the offence punishable under Sections 287 & 111 of B.N.S. & 3 R/w 7 of the Essential Commodity Act. 2. Case of the prosecution, in brief, is that during routine excursion by the concerning police in jurisdictional area of police station Vidhansabha at about 21:40 PM on 01.10.2025 near Village Pirda in the Yard of co- accused Suraj Shah some persons have stored flammable liquid i.e. petrol and Diesel for illegal selling. That when the said premises was raided main accused Suraj Shah fled away from the spot and the present applicant and other co-accused persons were arrested and when the checking was done then out of total 1700/- liters diesel and 40 liters petrol were seized. Out of total from the applicant no. 1, 400 liters diesel and 40 liters of petrol and from applicant no. 2, 400 liters diesel were seized. Thereafter the concerned police registered FIR against the accused persons U/Sec 287 & 111 of B.N.S. & 3 R/w 7 of Essential Commodity Act, accused persons were arrested and presently they are in jail. Hence this bail application. 3. Learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in this case. He would submit that petrol and diesel has been purchased by main accused namely Suraj Shah and the Yard from where the entire commodity has been recovered belongs to main accused Suraj Shah and the present applicants along with co-accused persons are paid employee of Suraj Shah and working at instruction given by him. He would submit that now all the trucks are installed with GPS system which can be tracked from anywhere, therefore working upon instructions and direction of the Suraj Shah seems to be genuine, therefore applicants and other co- 3 accused persons were working in the yard for Suraj Shah Sao as his employee and the main accused has already fled away from the spot. He would submit that the applicants are in jail since 2/10/2025 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 he would submit that charge sheet has not been filed in this case and the applicants have 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 applicants, period of detention of the applicants since 2/10/2025, charge sheet has not been filed in this case, 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- Neeraj Kumar & Akhilesh Choubey, involved in Crime No.493/2025 registered at Police Station Vidhansabha, District Raipur (C.G.) for the offence punishable under Sections 287 & 111 of B.N.S. & 3 R/w 7 of the Essential Commodity Act, 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 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (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 fails 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 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 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