Puneet Dahiya S/o Shri Rakesh Dahiya Aged About 29 Years R/o Flat No. 903 v. State Of Chhattisgarh Through Police Station- Dharsiwa, District Raipur C.G
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.26 16:45:35 +0530 2025:CGHC:43253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6726 of 2025 Puneet Dahiya S/o Shri Rakesh Dahiya Aged About 29 Years R/o Flat No. 903, Plot No. 39, Sector 65, Laxmi Kunj C G H S, Ballabhgarh, Faridabad, Haryana-121004. ...Applicant versus State Of Chhattisgarh Through Police Station- Dharsiwa, District Raipur C.G. ... Respondent For Applicant
Legal Reasoning
: Shri Abhishek Sinha, Sr. Advocate along with Shri For : Shri Sakib Ahmed, PL. Aditya Pandey, Advocate. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/08/2025 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.176/2025 registered at Police Station Dharsiwa, District Raipur C.G. for the offence punishable under Sections 407, 34 of the IPC, 1860. 2. Case of the prosecution, in brief, is that the present FIR dated 2 15/04/2025 was registered on the written complaint of Mr. Ravinder Singh Bais, Business Manager of M/s Pasa Associates Pvt. Ltd., alleging that M/s Roadstar Fleets Pvt. Ltd. and its Directors, including the present applicant Puneet Dahiya, were entrusted with the transportation of HR coils from Vimla Siding, Malid (Silyari) to the premises of Shri Bajrang Power & Steel Ltd., Village Tendua, Police Station Tilda, District Raipur (C.G.). It is alleged that out of the total consignment transported, six coils bearing batch numbers T434742770, T434742700, T434742720, T434772530, T434772560 and T434770180 were not delivered to the complainant company and were wrongfully withheld by the applicant and his co-directors. That, during the course of investigation, the complainant produced copies of invoices, stock receipts, and correspondence claiming that despite repeated assurances given by the Directors of Roadstar Fleets Pvt. Ltd., including the present applicant, the said coils were not returned. It is further alleged that when the complainant attempted to contact the applicant and other directors, their mobile phones were found switched off, and their offices were found locked, leading to suspicion of misappropriation of property. On these allegations, the police registered Crime No. 176/2025 at Police Station Dharsiwa for offences punishable under Sections 407 and 34 of the IPC. The present applicant was arrested on 27.05.2025 by way of production warrant from his existing custody in Crime No. 511/2024. 3. Learned counsel for the applicant submitted that two cases were registered against the applicant case Crime No. 511/2024 registered at Police Outpost -Silyari, Police Station Dharsiwa, District Raipur (C.G.) 3 for the offence punishable under Sections 316(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in which the applicant has been allowed bail in MCRC No.5691/2025 on 13/08/2025. It is stated that so far as the present case is concerned one of the co-accused Avinash Chauhan has been allowed bail in MCRC No.6377/2025 on 12/08/2025. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 27/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 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, submissions of learned counsel for the parties, considering the fact that two cases were registered against the applicant case 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 in which the applicant has been granted bail in MCRC No.5691/2025 on 13/08/2025, so far as the present case is concerned, one of the co-accused Avinash Chauhan has been granted bail in MCRC No.6377/2025 on 12/08/2025, period of detention of the applicant since 27/05/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Puneet Dahiya, involved in Crime No.176/2025 registered at Police Station Dharsiwa, District Raipur C.G. for the offence punishable under Sections 407, 34 of the IPC, 1860, 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 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 5 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri