1 2025:CGHC:21087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 665 of 2025 1 - Ashok Kumar Yadav S/o Vishnu Dev Prasad Aged About 35 Years R/o H. No. 11, K. Thethwar Para, Chawni, Bhilai, District Durg, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O., P.S. Dharsiwa, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vikhyat Arora and Mr. Ankur Diwan, Advocate For State : Ms. Shubha Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 1. This is Second anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.586/2024 registered at Police Station – Dharsiwa, District- Raipur (C.G.) for the offences punishable under Sections 303(2), 3(5) of BNS, 2023. 2. The applicant has preferred a First anticipatory bail application and same has been dismissed by this Hon’ble Court vide order dated 16.12.2024 in MCRCA No. 1441 of 2024. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.09 11:00:06 +0530 2 3. As per prosecution story, the complainant Akhilesh Yadav lodged a written report on 18.10.2024, loaded 39.510 tonnes of Sponge iron in his 10 wheeler truck from Mahendra Sponge & Power Limited Unit 2, Sarora Tilda, Raipur & went to Hindustan Coils Limited Siltara for unloading of the said Sponge Iron & when the truck was unloaded, he parked the truck in the Main Gate of Hindustan Coils Limited & went away & thereafter it came into the knowledge of the complainant his truck was not there, he filed a compliant of theft & upon investigation, his truck CG 04 JE 0859 was recovered from District Bemetara on 09.11.2024 & a secret information was received that some suspected person are trying to sell the theft sponge iron & 3 other accused persons were arrested & one of the accused contacted the applicant & sold some portion of the sponge iron. Hence an FIR was registered at PS Dharsiwa, District Raipur, CG for offence u/s 303(2), 3(5) BNS. Thus, The Applicant is apprehending his arrest in connection with Crime No. 586/2024 registered at PS Dharsiwa, District Raipur (C.G.) for an alleged offence punishable under Section(s) 303(2), 3(5) BNS. 4. Learned counsel for the applicant submits that the present applicant is innocent and is being falsely implicated in the case. The applicant was never involved in this crime neither any involvement can be seen and the applicant is being made accused because of the suspicion and there is no any material available in the face of record. He further submits that the applicant is not the beneficiary in any manner neither any 3 Sponge iron was seized from the applicant nor the applicant purchased anything from them. The applicant is also not named in the FIR, he has been made accused on the basis of the memorandum statement of the co-accused. He further submits that all the theft Sponge Iron has already been seized by the police and the police has seized almost 22 tonnes of Sponge iron from Nandan Steels but the police has not made them accused in any manner and falsely implicated the present applicant even there is no involvement of the applicant in this crime. The applicant has not committed the alleged offence, moreover no substantial evidence is found or collected by the police which would reflect the involvement of the applicant in the alleged offence. Accordingly, he prays for grant of anticipatory bail to the applicant. 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 a case was registered regarding the theft of a truck loaded with 39.510 tons of Sponge Iron. The complainant, Akhilesh Yadav, alleged that his truck, bearing registration No. CG-04-JE-0859, was stolen on October 18, 2024. During the investigation, it was found that the accused, Vipin Kumar Dubey, Sunil Gajbhiye, and Alok Pandey, had stolen the truck and were trying to sell the sponge iron to the present applicant and as such, it is an organized crime, therefore, he is not entitled for grant of anticipatory bail. 4 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 a case was registered regarding the theft of a truck loaded with 39.510 tons of Sponge Iron. The complainant, Akhilesh Yadav, alleged that his truck, bearing registration No. CG-04-JE-0859, was stolen on October 18, 2024. During the investigation, it was found that the accused, Vipin Kumar Dubey, Sunil Gajbhiye, and Alok Pandey, had stolen the truck and were trying to sell the sponge iron to the present applicant and as such, it is an organized crime committed by the accused persons and the applicant is also involved in the said crime, in spite of knowing everything therefore, I am not inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the Second anticipatory bail application of the applicant– Ashok Kumar Yadav filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 586/2024 registered at Police Station – Dharsiwa, District- Raipur (C.G.) for the offences punishable under Sections 420, 303(2), 3(5) of BNS, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali