1 CGHC010330522026 2026:CGHC:38354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7996 of 2026 Mithen Markam S/o Late Gunit Ram Markam Aged About 42 Years R/o House No. 273, Sekola Basti, Behind Fci, Durg, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. Police Station- Purani Bhilai, District- Durg (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate. For Non-applicant(s) : Mr. Saumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/08/2026 1. The applicant has filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, who has been arrested in connection with Crime No. 277/2026 registered at Police Station Purani Bhilai, District Durg (C.G.) for the offences punishable under Sections 303(2), 317(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a written report before the concerned Police Station stating therein that an agreement had been executed between the Blast Furnace KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Department of Bhilai Steel Plant and R.D.K. Industries for transportation of flue dust. It is alleged that on 26.05.2026, information was received regarding transportation of iron scrap material along with flue dust in vehicles bearing registration Nos. CG-04-QT-8797 and CG-08-AW-1475. Thereafter, on 27.05.2026, an inspection was conducted by the authorized officer of Bhilai Steel Plant, during which the said vehicles were allegedly found carrying iron scrap in an unauthorized and illegal manner. On the basis of the complaint, Crime No. 277/2026 was registered at Police Station Purani Bhilai, District Durg, and the applicant was arrested on 29.05.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has been implicated merely on the basis of the memorandum of the co-accused and there is no direct or indirect material connecting him with the alleged commission of the offence. It is further submitted that no incriminating material has been seized from the possession of the applicant and he has no criminal antecedents. He further submits that the premises of Bhilai Steel Plant are under continuous surveillance through CISF, the Vigilance Department, State Police and extensive CCTV coverage and therefore, the alleged unauthorized removal of scrap material without detection is itself doubtful. It is also submitted that the applicant is suffering from tuberculosis and was undergoing treatment, including hospitalization and requires continued medical attention. Learned counsel further submits that similarly situated co- 3 accused have already been enlarged on bail by this Court in MCRC Nos. 7462/2026, 7342/2026, 7281/2026 and MCRCA Nos. 1304/2026 and 1244/2026, and the case of the present applicant is also on the same footing. On these grounds, he prays that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the applicant are serious in nature. However, he does not dispute the fact that similarly situated co-accused have been enlarged on bail by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence alleged against the applicant and the fact that in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedents and further considering the fact that the similarly situated co-accused persons have already been granted bail by this Court in MCRC No. 7462/2026, MCRC No. 7342/2026, MCRC No. 7281/2026, MCRCA No. 1304/2026 and MCRCA No. 1244/2026, this Court is of the considered view that the applicant is entitled to be enlarged on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Mithen Markam, involved in Crime No. 277/2026 registered at Police Station Purani Bhilai, District Durg (C.G.) for the offences punishable under Sections 303(2), 317(4) 4 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties, in the like sum 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal