1 2025:CGHC:28311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4362 of 2025 • Harish S/o Rajkumar Chandrakar Aged About 22 Years R/o Village Gatora, Post Gatora, P.S. Masturi, District Bilaspur (C.G.) ... Applicant Versus • State Of Chhattisgarh Through- Station House Officer, P.S. Ratanpur, District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Nitansh Jaiswal, Advocate For Non-Applicant/State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26/06/2025 1. The applicant has preferred this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 as he is an jail since 15.04.2025 in connection with Crime No. 149/2012 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the commission of an offence punishable under Sections 407, 411, 413, 120-B read with Section 34 of IPC. 2. As per case of prosecution, 50 Metric Tones of coal was loaded in two trucks from Deepka Coal Mines for unloading at Hind Energy & Coal Benefication, Bilaspur. Co-accused namely Reetlal Sahni, who was driving one truck, unloaded the coal on the plot owned by co-accused Rohit Kumar Kaushik. When the coal did not reach its destination, Digitally signed by RAMESH KUMAR VATTI Date: 2025.06.27 11:33:30 +0530 2 F.I.R. was lodged by Varun Singh Thakur, Legal Officer of the Hind Energy and Coal Benefication. The coal was seized from the plot. The present applicant is one of the employe of Hind Energy and Coal Benefication. The allegations against the present applicant is that he instruced the driver of the truck to unloaded the coal at the plot owned by co-accused Rohit Kumar Kaushik and, therefore, he has been implicated as an accused. Mr. Jaiswal would submit that though the F.I.R. was lodged on 30.05.2012, but the applicant could not be arrested as he was working somewhere else. He would submit that the applicant was arrested by the police on 15.04.2025 and since then he is in jail. He would further submit that the present applicant is not a benficiary in the offence and out of total 06 accused persons, 02 accused persons have already been enlarged on regular bail. 3. On the other hand, Mr. Lav Sharma, learned Panel Lawyer appearing for the non-applicant/State would oppose. Mr. Sharma would submit that the applicant was absconding from the date of registration of F.I.R. and on 15.04.2025, he has been arrested by the police. He would submit that there are serious allegations against the present applicant, therefore, the bail application may be rejected.. 4. I have heard learned counsel for the parties and perused the case diary. 5. Perusal of the case diary and the allegations against the present applicant would show that the applicant is not a main culprit in the commission of the offence. The beneficiary was one Rohit Kumar Kaushik on whose plot, the coal was unloaded. The applicant was an employee of Hind Energy and Coal Benefication. 3 6. Taking into consideration the above dicussed facts, without commenting anything on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- i. 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 him/her from disclosing such fact to the Court; ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial; iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial and iv. he shall not involve himself in any offence of similar nature in future. 8. The observation made in the course of this order is only for considering the case of the applicant on the application for grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 9. Certified copy as per rules. Sd/- (Rakesh Mohan Pandey) Judge vatti