Nafr High Court
Case Details
1 2025:CGHC:40966 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5471 of 2025 Avinash Chauhan S/o Shri Chandrashekhar Chauhan Aged About 30 Years R/o Badagoan, Husampur, Police Station Nijamabad, Dist. Ajamgarh, (U.P.) Mob. No. 6306198389 --- Applicant versus State of Chhattisgarh Through Police Station- Dharsiwa Police Chauki Silyari, District Raipur (C.G.) --- Non-Applicant MCRC No. 5691 of 2025
Legal Reasoning
Puneet Dahiya S/o Shri Rakesh Dahiya Aged About 23 Years R/o Flat No. 903, Plot No. 39, Sector 65, Laxmi Kunj Cghs Ballabhgarh Faridabad PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.14 19:54:52 +0530 Haryana 121004 ---Applicant Versus State of Chhattisgarh Through Police Station Dharsiwa District Raipur (C.G.) ---Non-Applicant For Applicant (in MCRC No. 5471/2025) For Applicant (in MCRC No. 5691/2025) For Objector For Non-Applicant/State : Mr. Nilesh Kumar Thakur, Advocate. : Mr. Abhishek Sinha, Senior Advocate assisted by Mr. Aditya Pandey, Advocate. : Dr. Sudeep Agrawal, Advocate. : Mr. Atanu Ghosh, Deputy Government Advocate. 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being
Decision
disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who have been arrested in connection with Crime No. 511/2024 registered at Police Outpost – Silyari, Police Station - Dharsiwa, District - Raipur (C.G.) for the offence punishable under Sections 316(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that the present FIR dated 18.09.2024 was registered on the basis of a written complaint by Mr. Santosh Kumar Rai. It was alleged that M/s Roadstar Fleets Pvt. Ltd. and its directors/promoters, including the present applicant, Puneet Dahiya, were entrusted with the transportation of HR coils from Vimla Siding to the premises of APL Apollo. During stock verification, a shortage was observed, leading to the suspicion of mishandling by M/s Roadstar Fleets Pvt. Ltd. In an internal enquiry/stock inventory conducted on 24.07.2024, it was found that one coil bearing batch number 2400320024 had been delivered by the transporter to another company. Based on this background, an offence was registered and a charge sheet has been filed. 4. In MCRC No. 5471/2025 - Learned counsel for the applicant 3 submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that on the instructions of the vehicle owner, the goods loaded in the vehicle are to be transported to the place specified by the vehicle owner, apart from this the application has nothing to do with it, further the applicant has no previous criminal antecedents, but after lodging Crime No. 511/2024 by the non-applicant, a crime No. 176/2025 has been registered by the same Police Station in which he has been granted by this Court vide order dated 12.08.2025 passed in MCRC No. 6377/2025. He later submits that the charge-sheet has been filed against the applicant in the present case as an absconder and he is in jail since 28.06.2025. Thus, looking to the above, it is prayed that the applicant may be enlarged on bail. 5. In MCRC No. 5691/2025 - Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the complainant company entrusted the work of transporting HR coils to M/s Roadstar Fleets Pvt. Ltd., a duly incorporated company under the Companies Act, which is a separate legal entity (juristic person) in the eyes of law. In the present case, the transportation was executed by the employees and agents of Roadstar Fleets, such as truck drivers, supervisors, and site staff. The communications, invoices, and work orders were all between the Complainant Company and Roadstar Fleets Pvt. Ltd., not the applicant personally. Further, one another FIR bearing No. 0176 dated 15.04.2025 has been registered at the instance of PASA Associates 4 Pvt. Ltd. under Sections 407 and 34 of the IPC. In that case, the applicant was arrested on 27.05.2025 by way of production warrant from the present custody. It is submitted that the said FIR also arises out of the same series of commercial transactions involving the transportation of HR coils, and therefore, both matters are intrinsically connected and part of one continuous course of dealings and he has not been filed a bail application in Crime No. 176/2025 because the charge-sheet has not yet been filed, except for this, the applicant has no other criminal antecedents of any nature. He later submits that the charge-sheet has been filed in this case and he is in jail since 07.04.2025. Thus, looking to the above, it is prayed that the applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the bail applications. 7. Learned counsel for the Objector opposes the bail applications and submits that the applicants and others are accused of committing irregularities and breach of trust during the transportation of raw material coils from Vimala Siding Maloud for Apollo Company while working in RoadStar Fleets Private Limited from March 2023 to July 2024. Hence, the applicants are not entitled for grant of bail. 8. I have heard learned counsel appearing for the parties and perused the document available on record. 9. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicants and the fact that the applicant, namely, Avinash Chauhan, who is the 5 driver of the vehicle in question, has already been granted bail by this Court vide order dated 12.08.2025 passed in MCRC No. 6377/2025 in connection with Crime No. 176/2025, except for this, the applicants have no other criminal antecedents of any nature, further the applicants are in jail since 28.06.2025 and 07.04.2025 respectively, this Court is of the view that the applicants are entitled to be released on bail in this case. 10. Accordingly, the bail application is allowed. Let Applicants - Avinash Chauhan and Puneet Dahiya involved in Crime No. Crime No. 511/2024 registered at Police Outpost – Silyari, Police Station - Dharsiwa,, District - Raipur (C.G.) for the offence punishable under Sections 316(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 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 applicants 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. 6 (iii) In case, the applicants 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 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 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. 11. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Preeti Sd/- (Ramesh Sinha) CHIEF JUSTICE