1 2025:CGHC:13382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1600 of 2025 Shivam Jaiswal S/o Ramesh Jaiswal, Aged About 35 Years R/o Village Rengakhar, Kabirdham, Tehsil And District- Kabirdham (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Ratanpur, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Rupesh Shrivastava, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 42/2025 registered at Police Station : Ratanpur, District Bilaspur (C.G.) for the offence punishable under Sections 316(3), 317(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, on 17.01.2025, a complaint was lodged by Santosh Singh, at the Ratanpur Police Station. In the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.22 10:37:45 +0530 2 complaint, he stated that he works as a manager for Phil Group, overseeing coal transportation from Dipka, Gevra, and Kusmunda to the Ghutku Plant. On 06.01.2025, a delivery order was issued in the name of Phil Company, and a trailer (CG 10 R 1804) was loaded with 30.550 metric tons of coal from the Dipka mine, bound for the Ghutku Plant. However, the trailer never reached its destination. Instead, the vehicle's owner and driver, allegedly in cahoots with co-accused Akash Singhal and Kanta Babu Shatrughan Lodhi, stopped the trailer near Singhal's plot, located past the Beltara (Limha) toll plaza. They then closed the trailer's TP and sold the coal illegally for Rs. 70,000/-. Based on Singh's complaint, the Ratanpur police registered Crime Number 42/25 under Sections 316(3), 317(2), and 3(5) BNS. On 19.01.2025, they arrested Shivam Jaiswal, seized the coal based on his memorandum, and handed it over to the complainant before sending Jaiswal to jail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has never steal any coal, during the transportation on instruction of co-accused namely, Shatrughana Lodhi, who is the employee of the Phil Group unloaded the coal, only to follow the instruction of owner. He also submits that the applicant has only 01 criminal antecedent under the Gambling Act, which is pending trial. He further submits that the other co-accused persons, namely, Shatruhan Singh Lodhi and Akash Singhal have already been granted anticipatory bail by this Court vide orders 3 dated 20.02.2025, 18.03.2025 in MCRCA Nos. 227 of 2025 and MCRCA No. 370 of 2025 respectively. He also submits that the applicant is in jail since 19.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has only 01 criminal antecedents under the Gambling Act, which is pending trial, moreover, the other co-accused persons, namely, Shatruhan Singh Lodhi and Akash Singhal have already been granted anticipatory bail by this Court vide orders dated 20.02.2025 and 18.03.2025 in MCRCA No. 227 of 2025 and MCRCA No. 370 of 2025 respectively, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 19.01.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Shivam Jaiswal, involved in Crime No. 42/2025 4 registered at Police Station : Ratanpur, District Bilaspur (C.G.) for the offence punishable under Sections 316(3), 317(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient 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 5 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 sufÏcient 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. OfÏce 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 Abhishek