1 2026:CGHC:21027 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3153 of 2026 Vinder Singh S/o Jagar Singh Aged About 70 Years R/o Rampura, P.S. Rampura, District - Bhatinda (Punjab) ... Applicant versus State of Chhattisgarh Through - PS Ambikapur, District - Sarguja (Ambikapur) (C.G.) ... Non-applicant For Applicant : Mr. Premshankar Yadav, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05.05.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 762/2024 registered at Police Station : Ambikapur, District Sarguja (Ambikapur) (C.G.) for the offence punishable under Sections 336(3), 340, 316(2), 318, 111 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, Imtiyaz, lodged a report at the concerned Police Station alleging that he had transported coal worth Rs. 6,00,000/- through trucks bearing registration Nos. RJ 13 CG 1157 and RJ 13 CG 1357. It is alleged that the drivers of the aforesaid trucks ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.06 18:43:54 +0530 2 failed to deliver the coal to the designated destination and instead misappropriated and sold the same at an unknown place. Pursuant to the said report, the police initiated an investigation, during which the name of the present applicant surfaced solely on the basis of the memorandum statement of co-accused Baruram Sharma. Relying exclusively upon the said memorandum, the present applicant has been implicated in the alleged offence and was subsequently arrested by the police of Police Station Ambikapur, District Sarguja (Ambikapur), on 22.12.2025, and since then, he has been in judicial custody. The allegation against the present applicant is that he, in connivance with other co-accused persons, allegedly arranged trucks with forged registration number plates for loading coal and thereafter dishonestly diverted and sold the said coal at undisclosed locations for unlawful gain. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has been arrested merely on the basis of the memorandum statement of co-accused Baruram Sharma, and there is nothing on record to establish the applicant’s association with the co- accused persons. The present applicant has not been named as an accused in the FIR, and the persons whose names were mentioned in the FIR have not been made accused in the instant case, which undermines the prosecution’s case. He further submits that even if the allegations are taken at face value, there is no material available on record against the present applicant. The alleged trucks are neither registered in the name of the present applicant, nor are the trucks whose number plates have allegedly been forged registered in his name. No recovery of the alleged coal or any incriminating material has been made from the possession of the applicant. The entire prosecution case rests on mere suspicion and 3 the disclosure statement of a co-accused, which, by itself, is insufÏcient to justify the applicant’s continued incarceration. He also submits that, as per the spot map dated 12.11.2024, the place of occurrence has been shown as a petrol pump, whereas the alleged place of loading of coal is depicted as an entirely different location. This material discrepancy clearly demonstrates that the spot map has been erroneously and improperly prepared. It is further submitted that no CCTV footage from the alleged place of loading of coal has been collected or brought on record by the prosecution, which raises serious doubts regarding the authenticity and veracity of the prosecution story. He submits that the applicant has only two criminal antecedents in the State of Madhya Pradesh under the IPC, both pertaining to the year 2025, out of which one case is at the stage of recording evidence, while the other case is not traceable. He further submits that the applicant has been in custody since 22.12.2025, and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present case, the charge- sheet has not submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further considering that the applicant has been arrested merely on the basis of the memorandum statement of co- accused Baruram Sharma, as well as the fact that the applicant has only two criminal antecedents in the State of Madhya Pradesh under the IPC, both pertaining to the year 2025, out of which one case is at the stage of 4 recording evidence while the other case is not traceable, and further considering that the charge-sheet has already been filed before the competent Court and has been taken on record, coupled with the fact that the applicant has been languishing in jail since 22.12.2025 and that the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Vinder Singh, involved in Crime No. 762/2024 registered at Police Station : Ambikapur, District Sarguja (Ambikapur) (C.G.) for the offence punishable under Sections 336(3), 340, 316(2), 318, 111 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 5 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 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