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2025 DAILYLAW 40213 (CHH)

CEFTUM GOYAL v. STATE OF CHHATTISGARH

MCRCA/1297/2025 · 2025-08-27

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1 2025:CGHC:43691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1297 of 2025 • Ceftum Goyal S/o Jai Bhagwan Goyal Aged About 48 Years R/o New High Court, Gandhi Nagar H.No. 98, Indu Emagical Colony, Chatuana, Bilaspur, District- Bilaspur, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through- Police Station Kusmunda District- Korba, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Suryapratap Yudhveer Singh, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.0224/2025 registered at Police Station – Kusmunda, District-Korba (C.G.) for the offences punishable under Section 303(2) & 3(5) of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.29 17:31:35 +0530 2 2. Case of the prosecution, in brief, is that the applicant Sanjay Kumar Dubey lodged a written complaint at the Kusmunda police station that he is posted as security in-charge in SECL Kusmunda project. On 24.07.2025, a letter was sent by the Road Sale Officer that on surprise inspection by SECL team on 23.07.2025 at 23.30 pm, drivers of truck no. CG 10 BT 3453; CG 10 BT 3353; CG 10 BT 2553 & CG 10 BT 2153 namely Fulchand Jaiswal, Ramesh Kumar Kuswaha, Pravesh Kumar Jaiswal and another person were caught stealing coal of 84.67 tonnes worth Rs. 168000/- in excess of the prescribed weight from Kusmunda Project. As per above, on the written report of the applicant, offence has been registered and during investigation it was found that the owner of the above mentioned trucks is the present applicant thereafter the concerned police station has registered the FIR (Crime No.) 0224 of 2025 registered in police station - Kusmunda, District Korba against the Fulchand Jaiswal, Ramesh Kumar Kuswaha, Pravesh Kumar Jaiswal and another person & the present applicant for an alleged offence punishable under section 303(2), 3(5) Bhartiya Nyaya Sanhita. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He would submit that applicant is posted as security in- charge in SECL Kusmunda project. He also submits that there is no direct, cogent or corroborative material on record to substantiate the allegations against the applicant. He also 3 submits that co-accused persons have already been granted bail by the learned trial Court and investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that there is no direct, cogent or corroborative material on record to substantiate the allegations levelled against the applicant, applicant has no criminal antecedent, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Ceftum Goyal on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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 from disclosing such fact to the Court. 4 (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali