Raipur (C.G.) v. State Of Chhattisgarh Through Station House Of
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:11226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1833 of 2025 Vipin Kumar Dubey S/o Late Shri Ramdhani Dubey Aged About 53 Years R/o Village- Pathakpur, P.S. - Raje Sultanpur, District- Ambedkar Nagar (U.P.) At Present R/o Green Balaji City, G. No. 135, Sondongari, P.S. - Kabeer Nagar, Raipur, District- (Revenue And Civil) - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Dharsinva, District- Raipur (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Yogesh Pandey, Advocate For Non-Applicant/State : 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 Bhartiya Nagarik Suraksha Sanhita, 2023, 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 Sections 303(3), 3(5) of the BNS. 2. Case of the prosecution, in brief is that the complainant namely 2 Akhilesh Yadav has lodged a written report before Dharsinva Police Station stating therein that on 18.10.2024 a loaded 39.510 tones of sponge iron in his Ten Wheeler truck from Mahendra Sponge and Power Limited Unit 2, Sarora Tilda, Raipur and went to Hindustan Coils Limited Siltara for unloading of the said Sponge Iron. On 19.10.2024, at 6.30 am, Nagendra Yadav called the complainant and asked where he had parked his vehicle, complainant replied that he has parked two vehicle ahead of your vehicle, then Nagendra yadav told that your vehicle is not parked here. Complainant immediately came to Hindustan Quaiels Ltd. Siltara, where he didn't found his vehicle. Complainant searched his vehicle nearby but he didn't find his vehicle therefore he lodged report before police station and during investigation the said vehicle was found at Kandarka Chowki, P.S. - Berla, District Bemetara (C.G.). the said truck was seized by the SDO Berla. On 09.11.2024, police received secret information that some suspicious persons were intend to sale sponge iron and they were searching customer to sale at Silatara Face -02. On the basis of the above secret information police arrest three persons namely Vipin Kumar Dubey, Sunil Gajbhiye and Alok Pandey and on the basis of the memorandum statement of the accused person police arrested the Anand Chouhan, Vijay Chouhan and Alok Pandey for theft of the sponge iron. After completing investigation police registered offence under Sections 303(3) and 3(5) of Bhartiya Nyay Sanhita 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further 3 submits that nothing has seized from the exclusive possession from the present applicant and the applicant was made accused only on the basis of the memorandum statement of the other accused person which is not admissible under the Indian Evidence Act and further all the theft Sponge Iron has already been seized by the police and the police had seized almost 22 tones of Sponge Iron from the Nandan Steels but police didn't made them as accused and falsely implicate the present applicant even there is no involvement of the applicant in this crime. He further submits that the co-accused namely Alok Pandey has already been granted bail by this Court in M.Cr.C. No. 1283/2025 vide order dated 14.02.2025 and the case of the present applicant is similar to that of the other co-accused person, 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 have stolen the ten wheeler vehicle of complainant and sold the sponge iron, 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. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 09.11.2024 and the recovery made from the applicant and further the fact that the co-accused namely Alok Pandey has already been 4 granted bail by this Court being MCRC No. 1283/2025 vide order dated 14.02.2025 and the case of the applicant is similar to that case of co-accused who has been granted bail and in the present case, charge-sheet has been filed before the competent Court thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Alok Pandey, involved in Crime No. 586/2024 registered at Police Station- Dharsinva, District- Raipur (C.G.), for the offence punishable under Sections 303(3), 3(5) of the 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 5 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 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. dorthwith. S/- Sd/- (Ramesh Sinha) Chief Justice - Kunal