Nafr High Court
Case Details
1 2025:CGHC:48525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7610 of 2025 1 - Shivam Kumar Rathore S/o Sonsai Rathore Aged About 19 Years R/o Village Anjani Tahsil Jaithari, District : Anuppur, Madhya Pradesh AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 - Shivam Rathore S/o Devnarayan Rathore Aged About 19 Years R/o Village Kyontar, Police Station And Tahsil Jaithari, District : Anuppur, Madhya Pradesh versus ... Applicant(s) State Of Chhattisgarh Through Police Station Pendra, District : Gaurela- Pendra-Marwahi, Chhattisgarh ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Bharat Lal Dembra, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/09/2025 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 applicants who have been arrested in connection with Crime No. 80/2025 registered at Police Station Pendra, District : Gaurela-Pendra-Marwahi (C.G.) for the offence 2 punishable under Sections 303(2), 112(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 19.03.2025, the complainant Ramprasad Kaushik reported to Penda Police Station that his Swaraj 934XM tractor, which he had purchased from Inder Singh Rathore, was stolen. The tractor, along with a trolley, was parked outside his house on the evening of 17.03.2025, but was missing the next morning. The tractor’s registration number is CG- 10-AN-5262, engine number 331008SYN06734, and chassis number WSTN25425153643, valued at approximately Rs.1,00,000/- Based on this complaint, a case under Section 303(2) of BNS was registered against unknown persons. During the investigation, on 31.07.2025, police received information that the stolen tractor was being operated near Mahuda village, Jaitahri. Acting on the tip, the police apprehended suspects Mrigendra Rathore, Yuvraj Rathore, Sahil Rathore, and the accused Shivam Rathore near Lalpur village. Interrogation revealed that they had stolen a Swaraj tractor from Ghatholi Kargikhurd in March and a Sonalika tractor from Kotkharra village a month earlier, hiding both in the Kotkharra forest. The recovered Swaraj tractor, trolley, and a red Hero HF Deluxe motorcycle (MP-65-ZA-8685) were seized, and the stolen Sonalika tractor was also recovered from Mrigendra Rathore. During his memorandum statement, the accused Shivam Rathore admitted to stealing a Swaraj tractor near Basantpur five months earlier and the Sonalika tractor near Lalpur one month prior, confirming that these thefts were planned and executed in an 3 organized manner, subsequently, the applicants were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that no seizure of any incriminating material has been made from the possession of the applicants, as the same has been recovered from the possession of co-accused, Yuvraj Rathore, only on the basis of memorandum statement of the co-accused, present applicants have been implicated in the case. He also submits that identically situated co- accused, namely, Mrigendra Rathour @ Ankit has already been granted regular bail by this Court vide order dated 16.09.2025 in MCRC No.7449 of 2025. The applicants are in jail since 01.08.2025, both the applicants, Shivam Kumar Rathore and Shivam Rathore have one criminal antecedent against them registered at Crime No.184/2025 and Crime No. 192 of 2025, respectively, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 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 applicants are involved in multiple tractor thefts in an organized manner. Shivam Rathore admitted in his memorandum statement about stealing a Swaraj tractor near Basantpur about five months ago and a Sonalika tractor near Lalpur one month ago, hiding both tractors in the Kotkharra 4 forest. During the investigation, the police seized the Swaraj tractor (registration CG-10-AN-5262, engine number 331008SYN06734, chassis number WSTN25425153643) along with a trolley and a red Hero HF Deluxe motorcycle (registration MP-65-ZA-8685) from the accused. Additionally, the stolen Sonalika tractor was recovered from co-accused Mrigendra Rathore. The evidence indicates that the accused executed these thefts in a planned, organized manner and were involved in multiple similar offenses, therefore, they are not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicants since 01.08.2025, the fact that though the applicants are allegedly involved in multiple tractor thefts in an organized manner and there is a seizure of stolen Swaraj tractor (registration CG-10-AN-5262, engine number 331008SYN06734, chassis number WSTN25425153643) along with a trolley and a red Hero HF Deluxe motorcycle (registration MP-65-ZA-8685) from their possession, so far as criminal antecedents of the applicants are concerned, both the applicants, Shivam Kumar Rathore and Shivam Rathore have one criminal antecedent against them, which are registered at Crime No.184/2025 and Crime No. 192 of 2025, respectively, but considering the fact that co-accused, namely, Mrigendra Rathour @ Ankit has already been granted regular bail by this Court vide order dated 16.09.2025 in MCRC No.7449 of 2025 and the case of 7. 8. 5 present applicant is identical to that of the aforementioned co- accused, further charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. Accordingly, the application is allowed. Let the Applicants-Shivam Kumar Rathore and Shivam Rathore, involved in Crime No. 80/2025 registered at Police Station Pendra, District : Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 112(2), 3(5) of BNS, be released on bail on their 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 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 6 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil