1 2025:CGHC:32334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4132 of 2025 Anurag Rajak S/o Gorelal Rajak Aged About 19 Years R/o Village Ghuichuva Thana Pali, District Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Dipka, District - Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 1. 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. 168/2025 registered at Police Station Dipka, District- Korba (C.G.) for the offence punishable under Sections 303(2) and 111 of BNS. 2. Case of the prosecution, in brief, is that the complainant lodged a report on 27.04.2025 at Police Station Dipka against unknown persons. He stated that he is posted as a Security Inspector at SECL Gevra Project. On 27.04.2025 at around 11:00 AM, the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Diesel Section In-Charge, Naresh Kumar Karnwal, reported to him that during an inspection at the Bhathora face of the SECL Gevra Project, it was found that Drill Machine No. 709, 130 litres of diesel missing and PC Machine No. 93 had 80 litres of diesel missing. Upon visiting the Bhathora face of the mine to investigate, he received information from a confidential informant that during the intervening night of 26–27 April 2025, some persons had arrived in a white camper vehicle bearing registration number CG16CP-8988 and were seen stealing diesel from the drill and PC machines. After informing his senior officers and receiving necessary directions, he collected a relevant written communication from Naresh Karnwal. Thereafter, the complainant submitted a formal written complaint regarding the diesel theft in Gevra mine. Based on this report, a prima facie offence under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS) was found to be made out, and a criminal case was registered. During the investigation, the accused Umakant Sarathi and Anurag Rajak, in their memorandum statements, confessed that on the night of 26.04.2025 at 9:00 PM, they, along with co- accused persons Shashi Chauhan, Hitesh, Lakhan Das, Om, and Umakant Sarathi, went to Gevra mine in the camper vehicle belonging to Indrapal, bearing registration number CG16CP-8988. Six empty jerry cans were kept in the camper. Using a pipe, they siphoned diesel from the fuel tanks of the parked PC machine and another machine and filled it into six 35-litres jerry cans placed in the camper. Therefore, the aforesaid offences have been registered against the accused. 3 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that as per memorandum statement of co-acused person, the present applicant has been made accused and the said diesel has not been seized from the possession of the applicant. He further submits that the complainant himself was making theft of diesel oil and to who his cleverness before higher authorities and lodged false FIR against unknown person regarding theft of diesel oil and the applicant is in jail since 27.04.2025 and has no criminal antecedent and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. 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 no previous criminal antecedent however, 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. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 27.04.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no previous criminal antecedent further the trial is likely to take some time for its conclusion, therefore without further commenting 4 anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Anurag Rajak, involved in Crime No. 168/2025 registered at Police Station Dipka, District- Korba (C.G.) for the offence punishable under Sections 303(2) and 111 of BNS., 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 sufficient cause, the trial court may proceed against him under 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. 5 (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 sufficient 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. 8. Office 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