1 CGHC010195772026 2026:CGHC:30050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4624 of 2026 1 - Arjun Bansal S/o Late Ramkaran Bansal Aged About 20 Years R/o Jampara Police Station Baikunthpur District Korea C.G. 2 - Sujit Singh S/o Mangal Singh Aged About 28 Years R/o Village Baishakhi P.S. Opisaray, District Siwan Present Adress- Village Jhabar Front Of Hdfc Bank Police Station Deepka District Korba C.G. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Deepka District Korba C.G. ... Non-Applicant For Applicants : Shri Shakti Raj Sinha, Advocate. For Non-Applicant : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15/07/2026 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 applicants who have been arrested in connection with KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.16 18:40:27 +0530 2 Crime No.168/2026 registered at Police Station Deepka District Korba (C.G.) for the offence under Sections 3 (5) & 303 (2) of the BNS. 2. The prosecution case, in brief, is that on 30.4.2026, the complainant has lodged a written report with the concerned Police Station stating that on the said date 3 trailers bearing registration No.CG10BX0792, CG10BY8288 & CG10BX8288 were engaged in transportation of coal from SECL Deepka for 01 Mahavir Washery, Bilaspur. Applicant No,.1, being driver of one of the trailers and applicant No.2 being the transporter along with other co-accused persons have involved themselves in illegal transportation of coal with legally permissible coal by overloading the trailers. By overloading they have taken 57.36 MT of excess coal without valid documents. Thereafter the FIR was registered. Hence the bail application. 3. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. The prosecution case is based merely on suspicion and presumption without any concrete or corroborative material linking the applicants with the alleged crime. Applicant No.1 is the driver of one of the trailers and applicant No.2 is the transporter who were deployed by Mahavir Washery Bilaspur for transportation of coal and on whose instructions the coal was loaded from SECL Deepka on valid documents and permit. As such, the applicants are not involved in overloading the coal on the trailers. Applicant 3 No.1 does not have any criminal antecedents whereas as against applicant No.2, 3 cases were registered against him, out of which one case has been disposed of and 2 cases are pending. They are in jail since 30.4.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that Applicant No.1 does not have any criminal antecedents whereas as against applicant No.2, 3 cases were registered against him, out of which one case has been disposed of and 2 cases are pending, and the charge sheet has been submitted against the applicants. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicants, Applicant No.1 does not have any criminal antecedents whereas as against applicant No.2, 3 cases were registered against him, out of which one case has been disposed of and 2 cases are pending, which is mentioned in the bail application, they are in jail since 30.4.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 4 7. 4 7. Let the Applicant – Arjun Bansal & Sujit Singh, involved in Crime No.168/2026 registered at Police Station Deepka District Korba (C.G.) for the offence under Sections 3 (5) & 303 (2) of the BNS, be released on bail on furnishing 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 they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 5 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 are 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 concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Barve