1 2025:CGHC:13687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 390 of 2025 Manoj Kumar Jain S/o Nemichand Jain Aged About 50 Years R/o Shanti Nagar, 224 Street 3, Supela Bhilai, District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Bacheli, District Dantewada, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21.03.2025 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. 54/2024 registered at Police Station – Bacheli, District - Dantewada (C.G.) for the offence punishable under Sections 305, 3(5) of Bharatiya Nyaya Sanhita 2023. 2. Prosecution case in brief, is that the complainant, namely, Jogesh Tak who is an employee of NMDC Bacheli lodged First Information Report PREETI KUMARI Digitally signed by PREETI KUMARI 2 (F.I.R.) on 20/11/2024 alleging that on 11/11/2024 the truck bearing registration No. CG-04-2251 came at NMDC premises to load scrap from the side of Firm M/s Manish Steel, the scrap was loaded into the truck which was manganese from lot 16, the truck was weighted in presence of officials of NMDC and after weighing the truck weight came to 33.95 metric ton out of which 21.09 metric ton was scrap. Again truck was loaded with 55 drums from 19 lot weighed Central Warehouse on the another weighing scale where the weight was found to be 64.27 metric ton, thereafter when truck was going out of the premises the officials of NMDC stopped the truck and once again truck was weighed 29.41 metric tons more was found which was more than the prescribed quantity in excess of the prescribed quantity, the staff of the applicant was stopped from going. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in offence in question. It is submitted that the Signis Technologies Limited was authorized by NMDC Limited to conduct the said auction, in which the applicant was declared H-1 came in the auction, the value of the lots was around Rs. 4.5 to 5 crores, and sale order was issued by the authority after the applicant deposited 25% security deposit in addition to EMD and 80-85% of the material have been taken away by the applicant. The applicant has deposited the most of the amount, so there is no ingredient of Section 380 of BNS attract in the present case and if there is any grievance of the complainant then he would recovery the amount from EMD. Further, the applicant, his staff and the driver had no role to play in the present case and neither any tampering can be done with the equipment of the said weighing scale even the truck is put on the said weighing scale, a direct 3 display is visible. Similarly, as usual, the goods were loaded by the the applicant’s driver and staff in the presence of NMDC official. He further submits that the scrap of lot of No. 16 was loaded in the said vehicle and thereafter, it was weighted, at the time of weighing on the weighing scale, NMDC officials, CSF, store-in-charge were all present, if there was any kind of discrepency, then the report would have been lodged at that very instance. Further, the applicant has no previous criminal antecedents. Hence, this anticipatory bail application is liable to be allowed. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the applicant has deposited the most of the amount, so there is no ingredient of Section 380 of BNS attract in the present case and further, the applicant, his staff and the driver had no role to play in the present case and neither any tampering can be done with the equipment of the said weighing scale even the truck is put on the said weighing scale, a direct display is visible, similarly, as usual, the goods were loaded by the the applicant’s driver and staff in the presence of NMDC official, also considering the fact that the applicant has no previous criminal antecedents, this Court deems it appropriate 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- Manoj Kumar Jain, on executing a personal bond and one surety in the like sum to the satisfaction of the 4 arresting Officer, they shall be released on bail on the following conditions:- (a) he 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 his from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to her 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) he shall not involve herself in any offence of similar nature in future. Sd/- Sd/- /- (Ramesh Sinha) CHIEF JUSTICE Preeti