Raipur (C.G.) v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:11227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1817 of 2025 Sunil Gajbhiye S/o Shri Rameshwer Gajbhiye Aged About 44 Years R/o Naya Nagar Rani Talab, Jabalpur Road, Kamthi, Nagpur, P.S.- Kamthi, District - Nagpur (Maharashtra), At Present R/o Vikas Nagar, Near New Tech Public School, In The House Of K. R. Shrinivasan, P.S.- Gudhiyari, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN District (Revenue And Civil) - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station- Dharsinva, District - Raipur (C.G.) ... Non-Applicant(s) For Applicant(s)
Legal Reasoning
: Mr. Yogesh Pandey, Advocate. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/03/2025 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. 586/2024 registered at Police Station Dharsinva, District - Raipur (C.G.) for the offence punishable under Section 303(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant, Akhilesh 2 Yadav, filed a written complaint stating that on October 18, 2024, he loaded 39.510 tons of sponge iron from Mahendra Sponge and Power Limited, Unit-02, Sarora Tilda, Raipur, into his ten-wheeled truck (CG 04 JE 0859) and headed to Hindustan Quails Limited, Siltara, to unload the cargo. However, since the truck's cargo was not fully unloaded, it was left parked at the main gate of Hindustan Quails Limited. The next morning, at around 6:30 A.M. on October 19, 2024, the applicant received a call from his acquaintance, Nagendra Yadav, asking about the truck's location. Upon learning that the truck was missing, the applicant immediately rushed to Hindustan Quails Limited and discovered that the truck, loaded with sponge iron, was nowhere to be found. Despite searching the surrounding area, the truck's whereabouts remained unknown. It appeared that an unknown individual had stolen the vehicle. During the investigation, it was discovered that the stolen truck (CG 04 JE 0859) was found abandoned near Kandarka Chowki, Bemetara district. The truck was seized with the help of the Sub-Divisional Magistrate, Berla. On November 9, 2024, a tip-off from an informant revealed that some suspicious individuals were attempting to sell stolen sponge iron in the Siltara industrial area, Phase-02 and during course of investigation, present applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that nothing has been seized from the exclusive possession of the applicant, as all the theft sponge 3 iron i.e. 22 tones of sponge iron has been recovered from the Nadan Steels but police did not made them as accused. He also submits that one of the similarly situated co-accused persons, namely, Alok Pandey has already been granted regular bail by this Court vide order dated 14.02.2025 in MCRC No.1283/2025. The applicant is in jail since 09.11.2024, the applicant has no criminal antecedent, charge-sheet has been filed 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 filed in the present case. He further submits that the applicant alongwith other co-accused persons were conspired to steal the vehicle filled by sponge iron and also there is recovery of 24.50 tones of sponge iron from present applicant, therefore, he is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 09.11.2024, the fact that though the applicant alongwith other co-accused persons were conspired to steal the vehicle filled by sponge iron and also there is recovery of 24.50 tones of sponge iron from present applicant, but one of the co-accused persons, namely, Alok Pandey has already been granted regular bail by this Court vide order dated 14.02.2025 in MCRC No.1283/2025 and the case of present applicant is similar to that of the co-accused, further the 4 applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Sunil Gajbhiye, involved in Crime No. 586/2024 registered at Police Station Dharsinva, District - Raipur (C.G.) for the offence punishable under Section 303(2), 3(5) of BNS, 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 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil