1 2026:CGHC:19038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2625 of 2026 Dilesh Porte S/o Horilal Porte Aged About 32 Years R/o Village Jhalfa, P.S. Hirri, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Office, P.S. Dharamjaigarh, District Raigarh, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vipin Singh Thakur, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 26/2026 registered at Police Station- Dharamjaigarh, District Raigarh, (C.G.) for the offence punishable under Sections 281, 324(3) of the Bharatiya Nyaya Sanhita, 2023, under Section 184 of Motor Vehicle Act, and under Section 139 of Electricity Act, 2003. 2. The case of the prosecution, in brief, is that on 02.02.2026 at about 2:30 a.m., the applicant, while driving a trailer (lorry) bearing RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 registration No. CG 10 BY 6696 in a rash and negligent manner, dashed against an electricity pole carrying an 11 KV and LT composite line, thereby causing damage to the property of the Electricity Department and resulting in a loss of Rs. 89,980/-. It is further submitted that the FIR in respect of the said incident was promptly lodged on the same date, i.e., 02.02.2026, by the Electricity Department. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and he has neither committed nor participated in any act constituting the alleged offences. It is further submitted that the offences in question are triable by the Magistrate and are not punishable with death or imprisonment for life. He contends that the prosecution has falsely roped in the applicant in order to enrobe him in a fabricated case. He further submits that the present applicant has no previous criminal antecedents, the charge-sheet has been filed before the competent Court, he is in jail since 02.02.2026, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that the applicant, by driving the vehicle in a rash and negligent manner, caused damage to a public electricity pole carrying 11 KV and LT lines, resulting in financial loss to the Electricity Department. It is further 3 submitted that the allegations are supported by the material available on record and the offence is serious in nature, involving damage to public property, therefore, the applicant does not deserve to be enlarged on bail at this stage. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly that the alleged incident pertains to rash and negligent driving resulting in damage to a public electricity pole and financial loss to the Electricity Department, though the applicant is alleged to have committed the said offence, the same is triable by the Magistrate and is not punishable with death or imprisonment for life, and further the applicant is languishing in jail since 02.02.2026, he has no previous criminal antecedents, and the charge-sheet has been submitted before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Dilesh Porte, involved in Crime No. 26/2026 registered at Police Station- Dharamjaigarh, District Raigarh, (C.G.) for the offence punishable under Sections 281, 324(3) of the Bharatiya Nyaya Sanhita, 2023, under Section 184 of Motor Vehicle Act, and under Section 139 of Electricity Act, 2003, be released on bail on his furnishing a personal bond with two sureties in the like sum 4 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 statement under Section 351 of BNSS. If in the 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan