1 2025:CGHC:13125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1105 of 2025 1. Shiv Charan Uraon S/o Khikram Uraon (Wrongly Mentioned As Khikdas Uraon) Aged About 21 Years R/o Village Ratakhar, Durga Chowk Kahra Mohalla, Korba, Tahsil And District Korba (Chhattisgarh) 2. Monu Uraon S/o Jalandhar Uraon Aged About 30 Years R/o Village Ratakhar, Durga Chowk Kahra Mohalla, Korba, Tahsil And District Korba (Chhattisgarh) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kotwali, District Korba (Chhattisgarh) ...Non-Applicant For Applicants : Mr. Mirza Kaisher Beg, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19/03/2025 1 The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with PREETI KUMARI Digitally signed by PREETI KUMARI 2 Crime No. 16/2025, registered at Police Station – Kotwali, Korba, District- Korba (C.G.) for the offence punishable under Sections 191(2)(3), 190, 296, 351(2), 351(3), 115(2), 126(2), 324 of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984. 2 The case of the prosecution, in brief, is that on the basis of report lodged by the complainant Umesh Rathore (driver) that stated he got information of 6.30 PM, in Ratakhar Bypass road, two vehicle has been burnt and having being informed to his superior officer, he proceed to the accident, that his vehicle has been burnt that 10-12 persons had infront of the fire brigade and some persons infront of fire bridged has uttered filthy languages and also broken the vehicle by having used the sticks and also caused injury to the complainant and his companion fireman who also sustained the injury. On the basis of said report crime has been registered. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicants have neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. He further submits that the applicants have been arrested only on the basis of suspicion. He also submits that in the same incident, Crime No. 10/2025 has been registered against the applicant, except this no previous criminal antecedents, further the charge-sheet has not been filed and the applicants are in jail since 04.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail 3 application and submitted that the charge-sheet has not been filed in the present case. She further submits that there are other accused also who are not yet been arrested and they have been arrested after being identified through C.C.T.V camera. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have been arrested only on the basis of suspicion, further it is a case of mob fury and in the same incident, Crime No. 10/2025 has been registered against the applicants, except this no previous criminal antecedents, further the charge-sheet has not been filed and the applicants are in jail since 04.01.2025, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2- Shiv Charan Uraon and Monu Uraon, involved in Crime No. 16/2025, registered at Police Station – Kotwali, Korba, District- Korba (C.G.) for the offence punishable under Sections 191(2)(3), 190, 296, 351(2), 351(3), 115(2), 126(2), 324 of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984, be released on bail on his furnishing a personal bond with two sureties each 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 he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants 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 his, 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 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 his in accordance with law. 5 8 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti