Chinu Patel @ Surendra Patel, S/o Shri Bedram Patel, Aged About 25 Years R/o v. State Of Chhattisgarh Through Station House Officer, Police Station - Balouda, Distt. Janjgir-Champa
Case Details
1 2025:CGHC:43914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6807 of 2025 Chinu Patel @ Surendra Patel, S/o Shri Bedram Patel, Aged About 25 Years R/o Village - Aouraikala Chowki, Naila, Tahsil Balouda, Distt. Janjgir-Champa (C.G.) --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Balouda, Distt. Janjgir-Champa (C.G.) --- Non-applicant MCRC No. 6850 of 2025
Legal Reasoning
Ravishankar Bareth S/o Shri Jaikaran Bareth Aged About 18 Years R/o Village- Aouraikala Chowki, Naila, Ps- Janjgir, Distt. Janjgir-Champa (C.G.) ---Applicant Versus PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.30 14:02:27 +0530 State Of Chhattisgarh Through Station House Officer, Police Station- Balouda, Distt. Janjgir-Champa (C.G) --- Non-applicant MCRC No. 6808 of 2025 Rajesh Patel S/o Shri Ram Dulari, Aged About 21 Years R/o Village - Aouraikala Chowki, Naila, Ps- Janjgir, District - Janjgir-Champa (C.G.) ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Balouda, District Janjgir-Champa (C.G.) --- Non-applicant 2 For Applicants : Mr. Vivek Kumar Shrivastava, Advocate. For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08//2025 1. Since the above-mentioned three 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. 240/2025 registered at Police Station Balouda, District Janjgir-Champa (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiay Nyaya Sanhita, 2023. 3. The prosecution case, in brief, is that the complainant, Diwaker Patel, had been driving a trailer owned by Ajay Sande for the past six months. On 08.06.2025, at around 8:00 PM, while transporting coal in trailer bearing registration No. CG 12 BN 6615 from Mahavir Coal Washery via Balouda to Kanhaiband, he parked the vehicle near Village Jarve Pali around 9:30 PM to rest, as he was feeling sleepy. While resting inside the trailer, he heard a noise coming from the diesel tank area. On stepping out, he found the diesel tank lock broken and saw the applicant, along with two accomplices, standing nearby with two motorcycles. They were siphoning diesel into 50-liter jerrycans. Upon the complainant raising an alarm, all three fled the scene. A rod and hammer were found near the vehicle, and approximately 150 liters of diesel was found missing. 3 Based on the complaint, an offence was registered. During investigation, the accused were arrested and, in their memorandum statements, admitted to committing the theft. At the instance of co-accused Chinu Patel, 150 liters of diesel was recovered. Two motorcycles used in the commission of the offence were seized from the possession of the applicant, Ravishankar Bareth, and co-accused Rajesh Patel. After completion of investigation, charge-sheet has been filed. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submitted that the complainant was having previous animosity against the applicants and therefore, they have been roped in the offence. Further, applicant, namely, Chinu Patel @ Surendra Patel have three previous criminal antecedents, applicant, namely, Ravishankar Bareth has one previous criminal antecedent and applicant, namely, Rajesh Patel has one previous criminal antecedent, they are said to be in jail since 09.06.2025 and further the charge-sheet has been filed. Thus, looking to the above, it is prayed that the applicants may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the non-applicant/State opposes the bail application. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the allegations levelled against the applicants, wherein they are accused of committing theft of diesel, 4 and taking into account that the applicants have been in judicial custody since 09.06.2025, further, the applicant, namely, Chinu Patel @ Surendra Patel has three criminal antecedents, while applicants Ravishankar Bareth and Rajesh Patel have one antecedent each, however, the charge-sheet has already been filed, in view of the above, this Court is of the opinion that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail applications are allowed. Let the applicant - Chinu Patel @ Surendra Patel (in MCRC No. 6807/2025), Ravishankar Bareth (in MCRC No. 6850/2025) and Rajesh Patel (in MCRC No. 6808/2025) involved in Crime No. 240/2025 registered at Police Station - Balouda, District - Janjgir-Champa (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiay Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two 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 they 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 their counsel. In case of their absence, without sufficient 5 cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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 them in accordance with law. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti