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2025:CGHC:12895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA
No.
370
of 202
5 • Akash Singhal S/o Hansraj Singhal Aged About 39 Years (Wrongly Men- tioned as Singghal In Order Sheet ) R/o HIG/ B- 28 Devarikhurd New Colony Devarikhurd Police Station Torwa Tehsil And District - Bilaspur (C.G.)
... Applicant versus • State of Chhattisgarh through Station House Officer Police Station Ratanpur District - Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Manish Nigam, Advocate For Respondent-State : Mr. Hariom Rai, Govt. Advocate Hon'ble Shri
Ramesh Sinha, Chief Justice
ORDER
ON BOARD
18/03/2025
1. Applicant has filed this first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he apprehends his arrest in connection with Crime No. 42/2025 registered at Police Station – Ratanpur, District Bilaspur (C.G.) for offence punishable under Sections 316(3), 317(2), 3(5) of BNS, 2023.
2. Case of prosecution in brief is that on 17.01.2025 complainant Santosh Singh, Manager of PHIL Coal Company lodged a written report at police station Ratanpur stating that his work is to supervise the vehicle loaded with coal is dispatched from Dipka, Gevra, Kusmunda and Saraipali which are sent to their plant at Ghutku. On 06.01.2025 a Delivery Order was issued and M/s Adya Transport was given the job to transport the same under the Supervision of Amarjeet singh. A vehicle No. CG10 R 1804 bearing Delivery Order No. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 56132 was dispatched from Dipka Coal Mines to be unloaded at Ghutku Plant Bilaspur, weighing 30.550 MT coal. In between, the driver of the vehicle embezzled the said coal with the aid of present applicant. It is alleged that applicant has transferred a sum of Rs. 40,000/- to the account of truck driver who is the owner of vehicle, thus committed the present offence. Hence this bail application is filed.
3.
Learned counsel for applicant submits that applicant is innocent, he has been falsely implicated in the crime. It is stated that the alleged amount of Rs. 40,000/- was transferred by the present applicant to the account of truck driver for different transfer as the applicant is also in coal business. Applicant is owner of M/s Akshya Coal and Logistic and Vianna Coal Energy, due to some business rivalry applicant has been falsely implicated in the case. He stated that co-accused person namely Shatruhar Singh Lodhi has been granted anticipatory bail by this Court in MCRCA No. 227/2025 vide order dated
20.02.2025. Hence, applicant may also be granted benefit of anticipatory bail.
4. On the other hand, learned State counsel opposes the submission made by
learned counsel for the applicant and submits that applicant is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the documents placed on record.
6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submission of learned counsel for applicant, and from the perusal of the case diary it transpires that the applicant is owner of M/s Akshya Coal and Logistic and Vianna Coal Energy and there is no other criminal antecedent of applicant, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case.
7. Accordingly, the instant anticipatory bail application is allowed and it is
directed that in the event of arrest of the applicant –Akash Singhal on
3 / 3 executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 along with 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) pwn
Chief Justice