1 2026:CGHC:20673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4097 of 2026 Laxman Das S/o Milan Manikpuri Aged About 36 Years R/o Panchgawa, Ghatadehi, Khaija, Dist - Janjgir Champa, (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Kusmunda, District - Korba (C.G.) ... Non-applicant For Applicant : Mr. Aakash Aahuja, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.05.2026 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. 37/2026 registered at Police Station : Kusmunda, District - Korba (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 10.02.2026, the applicant, Dharam Yadav, went to the police station and lodged a written report at Kusmunda stating that he operates truck trailers for coal transportation under Bajrang Realcon and Transport Company, T.P. Nagar, Korba. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.05 12:48:41 +0530 2 Among these, vehicle trailer No. CG-12 BG-6616 and vehicle trailer No. CG-04 NV-8356, both 18-wheeler vehicles, were being driven alternately by driver Laxman Das at different times. On 10.02.2026, at around 10:00 AM, he saw both the vehicles standing abandoned near Barrier No. 06, Kusmunda Mine. Upon checking the vehicles, it was found that old tyres had been fitted in place of 12 new tyres. Both the trucks were parked on the road near the said barrier. The driver, Laxman Das, had left the vehicles there and absconded. Each truck has 6 wheels on one side, making a total of 12 tyres, the value of which is approximately Rs. 3,00,000/-. He strongly suspected that Laxman Das, along with his accomplices and other unknown persons, had removed the 12 new tyres from both vehicles, stolen them, and replaced them with old tyres. On the basis of the aforesaid written complaint, a First Information Report was registered against truck driver Laxman Das, and during the course of investigation, the applicant/accused Laxman Das Manikpuri was arrested under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS) and was sent to judicial custody. 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 allegations made against him are false and motivated by personal enmity. He submits that no prima facie case is made out against the applicant for the offences punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS). The prosecution’s case is riddled with inconsistencies and contradictions. The applicant submits that the evidence collected during the investigation is insufficient to prove the charges beyond a reasonable doubt. Therefore, the applicant deserves to be granted bail. He submits that the applicant has no criminal antecedents and he is in jail since 10.02.2026, conclusion of the trial may 3 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 no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 10.02.2026, 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. Let applicant, Laxman Das, involved in Crime No. 37/2026 registered at Police Station : Kusmunda, District - Korba (C.G.) for the offence punishable under Sections 303(2) and 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek