1 2025:CGHC:12085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 341 of 2025 Shyam Singh S/o- Balwant Singh Aged About 31 Years R/o- Shiv Sadan, Hanuman Vatika Residency, Phase-Iii, Kabir Nagar Raipur, District- Raipur (Cg) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Khamtarai Raipur, District - Raipur (CG) ---- Non-applicant For Applicant : Ms. Fouzia Mirza, Senior Advocate as well as Mr. Naveen Shukla, Advocate. For Non-Applicant /State : Mr. U.K.S. Chandel, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 11/03/2025 1. The applicant has preferred this application under Section 483 of BNSS for grant of anticipatory bail, apprehending his arrest in connection with Crime No.1019/2024, registered at Police Station – Khamtarai, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 316(3), 318(4) of BNS 2023. 2. As per the case of the prosecution, is that the complainant namely Sudesh Kediya lodged a report at Police Station Khamtarai with an KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 intention that co-accused Ankit Kesharwani is a transporter and used to do the work of transporting Sponge Iron belonging to the complainant and while transporting Sponge Iron from the pickup place to the place of dropping co-accused Ankit Kesharwani used to take the Sponge Iron at his godown situated behind Laxmi Weight Bridge, unload the goods, adulterated the goods and sent it back to the company of the complainant. Complainant placed an order of 150 Ton Raw Material Sponge Iron for his factory from Gopal Sponge and for transporting it the work was given to co- accused Ankit Kesharwani ownership transporting company, whatever goods Ankit was dropping at the factory of the complainant were adulterated, when on the date of incident the complainant followed the vehicle carrying the goods, he saw that co-accused used to transport the goods and take them to his warehouse situated behind Laxmi Weight Bridge and after adulterating the goods supplied the same to the factory of the complainant. In this way the complainant has been cheated and betrayed. On the basis of the report made by the complainant police station Khamtarai registered an offence against the present applicant and two other accused persons for the offence under Section 316(3), 318(4) of BNS 2023 under the crime No. 1019/2024 and took the matter under investigation. After completion of the investigation final report was presented before the concerned trial Court showing the present applicant and co-accused Ankit Kesharwani as absconding under Section 335 of BNSS 2023. 3 3. Learned Senior Advocate as well as counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. They further submits that from perusal of the FIR and complaint filed by the complainant does not disclose any specific allegation against the present applicant the present applicant has no active role in the said crime as narrated by the complainant. They submits that the only piece of evidence which connects the present applicant from the crime is that he is the registered owner of the vehicle in which the adulterated goods were transported. The vehicle bearing number CG-07-BS-2563 is registered in the name of the Shyam Singh having its registration validity till 28.01.2026. The vehicle particulars and insurance documents also shows that Shyam Singh is the registered owner of the vehicle. The applicant does the work of Sponge iron and runs and institution in the name of Shri Ajeshwar Trading Company situated at Kabir Nagar, Near Adarsh Chowk, Tatibandh Raipur. The work of the applicant is to purchase Sponge Iron from various sponge iron manufacturing factory and then to sell it to the Steal Manufacturing Companies. The only work of the applicant institution is trading and for that purpose the applicant is in need of transporting vehicles, so that delivery of the sponge iron can be provided to his customer on time. They further submits that the applicant has also written a letter addressing it to the Senior Superintendent of Police Raipur wherein he has prayed to investigate the matter and its reality regarding to the complaint made by the complainant before the police station Khamtarai and 4 he has informed that the godown belongs to the applicant wherein the sponge iron in the godown belongs to the present applicant and the bills of the material could be shown to the police if needed and the application filed by the applicant is also a part of charge-sheet. She further submits that on 08.12.2024 the co-accused Mishri Lal driver of the applicant's truck has loaded the sponge iron from Bajrang Power and Steel and was transporting it to Sapna Steels as Ankit Keshwarni the co-accused needed the vehicle for transportation, there was no goods of the complainant that was transported on the date of incident. The complainant is the owner of Shri Ram Iron Steel Private Limited and for the purpose of Steel Manufacturing he purchases sponge iron from different sponge iron traders. As per the complaint made by the complainant on 09.12.2024 he has purchased sponge iron of about 150 Ton from Gopal Sponge and the transporting work was done by the co- accused Ankit Kesharwani. The complainant is regularly transporting his material through co-accused Ankit Kesharwani and bills were pending with respect to the transportation of the material on the complainant and in order to avoid the payment of bill to Ankit Kesharwani and false report has been lodged implicating Ankit Kesharwani and the present applicant. 4. Learned counsel for the applicant further submits that the co- accused person namely Mishri Lal has been granted bail by this Court vide its order dated 06.02.2025 passed in MCRC No. 380/2025. The complainant has also not the owner of the material which has been transported through Ankit Kesharwani which is 5 evident through the order of Supurdnama by which the materials which has been transported in the vehicle has been given on Supurdnama to Sapna Steels. They further submits that the wife of the applicant is pregnant lady and is soon expecting her delivery and there is no one to take care of her at this point of time as she needs care and attention at this critical stage of her life. 5. On the other hand, learned State counsel appearing for the Non- applicant would oppose the grant of anticipatory bail to the applicant and submits that the present applicant along with other co-accused persons have cheated and betrayed the complainant by adulterating the goods of the complainant and after adulteration used to sent it back to the complainant, therefore the present applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the impugned order passed by the learned trial Court. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the present applicant is the registered owner of the vehicle in which the adulterated goods were transported and further considering the fact that the co-accused namely Mishri Lal has already been granted bail by this Court being MCRC No. 380/2025, vide order dated 06.02.2025 and further the applicant has no criminal antecedent thus, this Court is of the opinion that the present applicant is entitled to be released on anticipatory bail. 6 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shyam Singh on executing a personal bond with 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 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 their adhaar card alongwith a colored 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal