1 2025:CGHC:27480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4837 of 2025 • Rammilan S/o Mahaveer Aged About 42 Years R/o Village Bhainapur, Police Station Kishanpur, District Fatehpur Uttar Pradesh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Raghunathnagar, District Balrampur Ramanujganj Chhattisgarh ... Respondent For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/06/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 93/2017 registered at Police Station – Raghunathnagar (wrongly mentioned as Raghunathpur in the order-sheet), District – Balrampur-Ramanujgaj (C.G.) for the offence punishable under Section 395, 412 of IPC. 2. As per prosecution story in brief is that Pramod Kumar Pandey, Deputy Manager of Kalpataru Power Transmission Limited, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 Wadrafnagar, had lodged a report at Police Station Raghunathnagar alleging inter-alia that Kalpataru Power Transmission Limited, engaged in constructing a 400KV D/C Quad Transmission Line from Mahan to Seepat for Essar Power Transmission Line, had four conductor drums (moose) worth 20,44,980 stolen by unknown thieves from village Pandri, location (tower number-5510) at night. On the basis of information, the police registered an offence bearing Crime No. 93/2017 for the offence punishable under Section 395, 412 of Indian Penal Code and investigation was initiated. During course of investigation, the eye witness watchman of the spot and some other villagers were interrogated by the police and the cyber tracking of mobile numbers led to the identification of the accused, Narendra Kumar, who was found involved in the crime and taken into custody. On the basis of memorandum statement of the co-accused persons, other accused persons were taken into custody, their memorandum statements were also recorded and all of them were arrested. The investigation revealed that on 11.12.2017, the accused, in a fully planned manner, stole four wire drums worth 20,44,980/- from the ₹ K.P.T.L. company site at Village Pandri. They hired a Hydra vehicle from Ambikapur, loaded the drums onto a truck at the crime scene and sold them in Delhi. Sufficient evidence of the crime was found against the accused, Narendra Kumar, Netram, Hakam Khan, Jaikam Khan, Ratan Lal Saini, Shriram Saini, Rajesh Gupta, and Saroj Nishad, leading to their arrest. As the 3 crime involved dacoity and dishonest receipt of stolen property, a charge sheet was filed under Sections 412 and 395 of the Indian Penal Code, with other involved accused listed as absconding. The Session Trial No. 57/2018 was decided and judgment was declared on 14.03.2024 and present applicant has been arrested on 16.04.2025 and the supplementary charge-sheet against the present applicant is yet to be filed and matter is being investigated against him. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant was neither involved in offence of theft nor transported the theft articles and there is no direct or indirect involvement of the present applicant in crime in question. He also submits that applicant’s name was neither disclosed by the co-accused persons, but due to some contact of the present applicant with the co-accused persons, his name has been taken into consideration by the police as offender of the case and subsequently, while submitting the charge-sheet, the present applicant has been declared as absconded accused person. He lastly submits that the other co-accused persons of this case have already enlarged on bail. The present applicant is in jail since 16.04.2025 and 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 4 application and submits that applicant has been declared as absconded accused person and charge-sheet has not been filed in the present case, but looking to the conduct of the applicant, he is not entitled for grant of regular bail. Thus, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and fact that in the present case is of the year 2017, applicant and other co- accused have involved in the crime but applicant was not arrested by the police during the investigation and declared as absconded accused person, other co-accused persons already enlarged on bail by this Court and have also declared acquitted by the lower Court, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, this second bail application of applicant – Rammilan involved inCrime No. 93/2017 registered at Police Station – Raghunathnagar (wrongly mentioned as Raghunathpur in the order-sheet), District – Balrampur- Ramanujgaj (C.G.) for the offence punishable under Section 395, 412 of IPC, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 5 9. 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 vaishali