1 2025:CGHC:6887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 380 of 2025 Mishri Lal S/o Bhagirath Aged About 44 Years R/o Shankarpur, Fatehpur, Haswa Uttar Pradesh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Khamtarai, Raipur, District - Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Suraj Jaiswal, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1019/2024, registered at Police Station : Khamtarai, District - Raipur, (C.G.) for the offence punishable under Sections 316(3), 318(4) of the Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, Sudesh Kediya, lodged a report at Police Station Khamtarai, alleging that present applicant along with co-accused Ankit RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.07 18:27:12 +0530 2 Kesharwani, a transporter, was responsible for transporting Sponge Iron belonging to the complainant. During transportation, Ankit Kesharwani allegedly diverted the Sponge Iron to his godown located behind Laxmi Weight Bridge, where he unloaded, adulterated the goods, and then sent them back to the complainant’s company. The complainant had placed an order for 150 tons of raw material Sponge Iron from Gopal Sponge, and the transportation was entrusted to the co-accused’s company. However, upon investigation, it was discovered that the goods being delivered to the complainant’s factory were adulterated. Upon tracking the vehicles, it was found that the co-accused transported the goods to his warehouse, where he adulterated them before supplying them to the complainant’s factory. In this manner, the complainant was allegedly deceived and defrauded. Based on the complaint, Police Station Khamtarai registered an offense against the present applicant under Sections 316(3) and 318(4) of the BNS, 2023, under Crime No. 1019/2024, and initiated an investigation into the matter. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely implicated in this case. He submits that the applicant is not having any participation in the concern crime number. Applicant is the driver of truck bearing registration No. CG 07 BC 2563 owned by Shyam Singh and being a driver on the instruction of his owner he used to load goods on his truck and then transported it to the desired place. He further submits that on the date of incident i.e. 10.12.2024 the applicant 3 loaded his truck with goods from Bajrang Power and was transporting it to Sapna Steal. On the way to the destination he stopped near Laxmi Weight Bridge for the purpose of weighting the goods and after that he reached to Sapna Steal, thereafter the applicant was arrested by Police inside Sapna Steal and he was again taken back to Laxmi Weight Bridge along with his vehicle. He also submits that the applicant is having no connection with the complainant of the case and neither is having any relation with the main accused of the present case namely Ankit Kesharwani, when the applicant was arrested at that time the applicant was not having any goods loaded on his truck that belonged to the complainant. He further submits that the applicant is in jail since 11.12.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He also submits that the present applicant along with other co-accused persons have cheated and betrayed the complainant by adulterating the goods of the complainant and after adulteration used to sent it back to the complainant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present applicant is the driver of truck bearing 4 registration No. CG 07 BC 2563 owned by Shyam Singh and being a driver on the instruction of his owner he used to load goods on his truck and then transported it to the desired place, and when the applicant was arrested at that time the applicant was not having any goods loaded on his truck that belonged to the complainant and two co-accused person are already absconding and the present applicant has no criminal antecedent and also considering the fact that the charge-sheet has been filed and he is in jail since 11.12.2024 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 applicant, Mishri Lal, involved in Crime No. 1019/2024, registered at Police Station : Khamtarai, District - Raipur, (C.G.) for the offence punishable under Sections 316(3), 318(4) of the Bhartiya Nyay Sanhita, 2023, be released on bail on 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 sufÏcient cause, the trial court may proceed against him under 5 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan