Nafr High Court
Case Details
1 2025:CGHC:49434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6535 of 2025 Vishnu Dahariya S/o Prandas Dahariya Aged About 35 Years R/o Village - Murtipara, Tenduwa, Police Station And Tahsil - Takhatpur, District - Bilaspur Chhattisgarh. versus ... Applicant State of Chhattisgarh Through Station House OfÏcer, Police Station - Lormi, District - Mungeli Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Ms. Divya Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 26.09.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 443/2025, registered at Police Station : Lormi, District - Mungeli, (C.G.) for the offence punishable under Section 305(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant Dilharan Sahu lodged a report at Police Station Lormi stating that RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 he had been working as a mason for the past six months on the construction of the Atal Complex in Ward No. 9, situated in front of the new police station, where contractor Kaushal Kumar Kulmitra had installed a submersible pump of HP Company. On 23.07.2025, at about 11:30 AM, the complainant went to start the pump to check the fountain installed near the statue of Atal Ji and discovered that the pipe of the submersible pump had been pulled out and thrown in nearby bushes. Further inspection revealed that the bore submersible pump, 120 feet of wire, 100 feet of service wire, and the starter panel had been stolen by some unknown person. Based on this report, an FIR under Crime No. 443/2025 was registered for offences punishable under Sections 305(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and investigation was initiated. During investigation, information was received from an informant that accused Shera Baghel, resident of Bandha, had kept the stolen bore machine at his house. The investigating ofÏcer reached Shera Baghel’s residence, detained him for questioning, and during interrogation, Shera confessed that along with his accomplices Vishnu Dahariya, Rahul Baramate, and Shivshankar Anchal, he had stolen several machines, including those installed near Takhtpur Road, behind Lormi College, near the school at Jarhagaon Dharampura, behind the Atal Bihari statue at Gandhi Dih, and at Village Jhajhuri. He further disclosed that one machine stolen from behind the Atal Bihari statue was sold to Sanjay Banjare. Acting on this information, the police apprehended Vishnu, Rahul, Shivshankar, and Sanjay and recorded their statements. They 3 admitted their involvement, stating that Vishnu had sold one stolen submersible machine to Sanjay for Rs. 5,000/-, while the remaining machines were kept at their respective homes. Based on their memorandum statements, one old used bore machine was recovered from each accused. Thereafter, Sanjay Banjare, who had purchased the stolen machine, was also taken into custody. Hence, this bail application has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She further submits that he has neither committed nor participated in any offence, and the investigation is still ongoing with the charge sheet not yet filed. The alleged recovery of the stolen bore machine from the applicant is based solely on the uncorroborated memorandum statement of co-accused Shera Baghel, obtained under duress, which cannot form the basis to deny bail. There is no independent evidence, such as eyewitness testimony, CCTV footage, or forensic proof, linking the applicant to the theft. The offence, though serious under Section 305(2) of the Bharatiya Nyaya Sanhita, 2023, does not attract life imprisonment or death penalty, and the applicant has clean antecedents apart from a pending case. His continued detention since 26.07.2025 is causing undue hardship to his dependent family. Following the principles laid down in Arnesh Kumar vs. State of Bihar, the applicant is entitled to bail as there is no risk of tampering with evidence or fleeing. She also submits that the present applicant has only 01 previous criminal antecedent, has been explained in this bail 4 application, charge-sheet has been filed before the competent Court, he is in jail since 26.07.2025 and the trial is likely to take some time for its conclusion, therefore, she prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She also submits that the offence is serious in nature involving theft of multiple submersible bore machines and related equipment, causing significant loss to public property. It is contended that during investigation, on the basis of credible information, Shera Baghel and his accomplices were apprehended, and stolen property was recovered from their possession in pursuance of their memorandum statements, clearly establishing their involvement. The accused are part of an organized group engaged in repeated thefts across different locations and having criminal antecedents, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the allegation is that the applicant and other co- accused persons have committed theft of multiple submersible bore machines and related equipment, but he is in jail since 26.07.2025 and further considering the fact that the present applicant has only 5 01 criminal antecedent and the same has been explained in this bail application, the charge-sheet has been filed before the competent Court and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the applicant, Vishnu Dahariya, involved in Crime No. 443/2025, registered at Police Station : Lormi, District - Mungeli, (C.G.) for the offence punishable under Section 305(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 6 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice