1 2025:CGHC:14374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2340 of 2025 Devanand Khunte S/o Anjor Say Aged About 19 Years R/o Village Khisora Khamdei Para Thana Balouda District - Janjgir Champa (C.G. ) ... Applicant versus State Of Chhattisgarh Through Police Station Dipka District-Korba (C.G. ) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/03/2025 1. Heard on I.A. No. 01/2025, which is an application for correction of the Police Station Dipka instead of Police Station Darri. 2. Learned counsel for the applicant submits that in the order dated 06.03.2025, bearing crime No. 437/2025, the Police Station has wrongly been mentioned as P.S. Darri instead of Police Station Dipka and the same needs to be rectified accordingly. 3. Learned State counsel has no objection. 4. In view of the submissions made by the learned counsel for the applicant and also the grounds mentioned in the application (IA No. 01/2025), the same is allowed and the Police Station be corrected KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 as Police Station Dipka in place of Police Station Darri. Let the necessary correction be done during the course of the day in the bail application. 5. This is the first bail application filed under Section 483 of BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 437/2024 registered at Police Station Dipka, District- Korba (C.G.) for the offence punishable under Sections 303(2) and 111 of BNS and Section 3, 7 of Essential Commodities Act. 6. Case of the prosecution, in brief, is that on 27.12.2024, SECL Gevra's Security Inspector Nandlal Rai reported a theft case before the police station. An informer tipped him off that unknown thieves had stolen 6,000 liters of diesel from machines at the mine on December 22, 2024. The police registered a crime and launched an investigation. During the investigation, the police surrounded a Bolero vehicle (CG 12 BL - 6960) in village Kesla, based on the informer's information. They caught the accused: Purushottam Yadav, Sheikh Aftab alias Bittu, Rajendra Sahu alias Kunal, Devanand Khunte, and Dev Charan Chauhan. The police seized 10 jerry cans of diesel from the vehicle and questioned the accused. All admitted to stealing diesel together. The police took memorandum statements from the accused and seized additional diesel, mobile phones, and vehicles based on their information. Further investigation led to the arrest of Arjun Singh and Ravi Bareth, who also admitted to stealing diesel. Therefore, the aforesaid offences have been registered against the accused persons. 3 7. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He further submits that as per memorandum statement of co-accused person, the present applicant has been implicated in this case un- necessarily and the said diesel has not been seized from the possession of the applicant. He also submits that after 05 days of the incident, FIR has been lodged against unknown person and they have not explained any delay about lodging of FIR. The complainant himself was making theft of diesel oil and to show his cleverness before higher authorities and lodged false FIR against unknown persons regarding theft of diesel oil and in the present case, charge-sheet has been filed before the competent Court and further the other co-accused persons namely Sheikh Aftab @ Bittu has been granted bail by the learned trial Court on 01.03.2025 and the conclusion of the trial is likely to take quite long time, therefore, he prays for grant of bail. 8. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has one previous criminal antecedent moreover, the applicant along with other co-accused were involved in theft of diesel oil, as such, the present applicant is not entitled for grant of bail. 9. I have heard learned counsel appearing for the parties and perused the case diary. 10. Taking into consideration the facts and circumstances of the case, 4 nature and gravity of offence, period of detention of the applicant since 28.12.2024 and the fact that in the present case, charge- sheet has been filed before the competent Court and the co- accused namely Sheikh Aftab @ Bittu has already been granted bail by the learned trial Court and the applicant has only one previous criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore without further commenting anything on merits, I am inclined to grant bail to the applicant. 11. 11. Let the applicant – Devanand Khunte, involved in Crime No. 437/2024 registered at Police Station Dipka, District- Korba (C.G.) for the offence punishable under Sections 303(2) and 111 of BNS and Section 3, 7 of Essential Commodities Act, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under 5 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is 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 him in accordance with law. 12. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance.diurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal