Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19971
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 624 of 2025 1 - Prahlad Binjhwar @ Sonu S/o Shyamlal Binjhwar Aged About 21 Years R/o Village Chainpur, Jhingatpur, Tahsil Katghora, Present Address Village Kesala, Thana Hardibazar, District Korba Chhattisgarh
... Applicant versus 1 - State Of Chhattisgarh Through Police Station - Dipka, Distt. Korba Chhattisgarh
... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For State : Mr. Malay Jain, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 01/05/2025
1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.3900/2024, registered at Police Station – Dipka District – Korba (C.G.) for the alleged commission of offence punishable under Sections 303(2), 3(5) of BNS.
2. As per the prosecution story, in brief is that on secret information the complainant Nandlal Rai (Security Inspector, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.06 11:32:44 +0530
2 SECL Gevra Project), lodged an FIR stating that two vehicles Bolero bearing registration No. 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 dempers 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-
3 4146 were involved in stealing diesel from stationary dozers and dumpers. Upon investigation, the SECL security guard confirmed Therefore, he prays for grant of anticipatory bail to the present applicant.
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,, therefore, I am not inclined to gran anticipatory bail to the present applicant.
7. Accordingly, the anticipatory bail application of the applicant– Prahlad Binjhwar, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.3900/2024, registered at Police Station–Dipka District – Korba (C.G.) for the alleged commission of offence punishable under Sections 303(2), 3(5) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali