1 2025:CGHC:25067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4537 of 2025 Deepak Yadav S/o Dashrath Yadav Aged About 35 Years R/o Village- Kutmakachar, Thana Kurdeg, Distt.- Simdega (Jharkhand) (Name Of The Applicant Wrongly Mentioned As Deepak Yadav @ Deepu @ Kariya In Annexure A/1 Page No. 11) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station - Dharamjaigarh, Distt.- Raigarh (C.G.) ... Respondent For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 17.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 169/2024 registered at Police Station Dharamjaigarh, District Raigarh (C.G.), for the offences punishable under Section 379,365,395,397,120B of IPC and 25 and 27 fo Arms Act. 2. The prosecution story in short is that on 23.06.2024 one Abhishek VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.18 18:28:31 +0530 2 Upadhyay, Assistant officer of Human Resource Department of Shree Rupla Dham Steel Pvt. Ltd. Saraipali lodged a report alleging that on 22.06.2024 a truck of bearing No. CG 15 AC 1490 containing 8mm, 10 mm Maruti TMX 25 ton and 50 KG iron bar amounting Rs. 14,03,679/- was sent to his company by one broker Atal Agarwal. The driver of the Truck namely Mujahid left fort the Company at about 7 PM, in the night, phone of driver was found swtiched off and the said iron bar did not reach to the place of delivery and thereafter, the offence under section 379 of IPC was registered by P.S - DHaramjaigarh, Distt. Raigarh (C.G.). during investigatiobn it was found that co accused lokesh yadav, Raju Yadav, present applicant alongwith others have planned to commit loot of the truck and thereafter sold the iron bar to Ganesh Gupta and the said offence was registered u/s. 395, 397, 120 B, 212, 414 of IPC and 25 & 27 of Arms Act. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that co accused namely Rupesh Yadav and Ganesh Gupta and Mister Jinnah have granted bail and the case of the persecution is similar to those cases he further submits that applicant had no weapon and he was just a driver and neither any injury was inflicted by the present applicant. The applicant is in jail since 8.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that applicant has one previous criminal antecedents and the charge-sheet has been filed in the 3 present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant and in the present case co-accused has also granted bail and also considering the fact that the charge-sheet has been filed and he has been in jail since 08.05.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the Applicant – Deepak Yadav, involved in Crime No. 169/2024 registered at Police Station Dharamjaigarh, District Raigarh (C.G.), for the offences punishable under Section 379,365,395,397,120B of IPC and 25 and 27 fo Arms Act, be released on bail on his furnishing personal bond with two local 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 his under 4 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 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav