1 2025:CGHC:10280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 288 of 2025 Biras Kumar Son of Ramnarayan, Aged About 29 Years Resident of Village Jawali, Tahsil Katghora, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer, Police of Police Station Deepka, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 324/2024 registered at Police Station – Deepka, District Korba, (C.G.) for the offences punishable under Sections 303(2), 3(5) of Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution’s case, in brief is that based on secret information, the complainant, Nandlal Rai (Security Inspector, SECL Gevra Project), lodged an FIR stating that two vehicles, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Bolero bearing registration numbers CG-12/BE-1156 and CG-12/BN-4146 were involved in stealing diesel from stationary dozers and dumpers. Upon investigation, the SECL security guard confirmed that diesel had indeed been stolen from the dumpers and other vehicles. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the name of present applicant has not been mentioned in the FIR and the applicant has neither committed nor participated in any such act, which may amount to any of the offences mentioned above. He further submits that the present applicant is the regular student of M.A. English and his examination is going to be held immediately and if the present applicant may be detained in jail, his future may be ruined. He further submits that the other co-accused persons, namely, Sandeep Kumar Shrote and Ajay Das Mahant have already been granted regular bail by this Court in MCRC Nos. 7754/2024 and 8300/2024, vide order dated 03.01.2025. He further submits that present applicant has no any criminal antecedents. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that Two vehicles, Bolero, bearing registration numbers CG-12/BE-1156 and CG-12/BN-4146 were involved in stealing diesel from stationary dozers and dumpers. Upon investigation, the SECL security guard confirmed 3 that the present applicant along with co-accused had indeed stolen diesel from the dumpers and other vehicles, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that in the present case, though the SECL security guard confirmed that the present applicant along with co-accused had indeed stolen diesel from the dumpers and other vehicles, but the present applicant is the regular student of M.A. English and his examination is going to be held immediately and the other co-accused persons, namely, Sandeep Kumar Shrote and Ajay Das Mahant have already been granted regular bail by this Court in MCRC Nos. 7754/2024 and 8300/2024, vide order dated 03.01.2025, the present applicant has no any criminal antecedents., therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Biras Kumar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the 4 Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan