1 2025:CGHC:43690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1298 of 2025 • Ramkumar Ogre S/o Late Sharda Prasad Ogre Aged About 49 Years R/o Village Kodapar, Police Station- Kharora, Tehsil And District- Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Of Police Station- Aarang, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ashutosh Tahkur, Advocate For Respondent/State : Ms. Monika Thakur, 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.35/2025 registered at Police Station – Aarang, District-Raipur (C.G.) for the offences punishable under Section 303(2) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 17.01.2025 the Deputy Director (Mines Administration) through Jagrit Gaikwad Mines Inspector lodged an report in police Station Aarang against which the present applicant stating that in 07.11.2024 November in a sudden VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.29 17:31:35 +0530 2 inspection at village Gudguda Mahanadi in which small Ship (Naav) along with Section Machine the sand Digging and Extraction were found Section Operator ran away from site and the Section Machine was found abandoned and upon complaint of complainant present applicant have ben booked for the commission of the alleged offence under Section 303(2) theft under the BNS, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the section machine does not belongs to present applicant and the owner of the said machines are one Pankaj Ramauji Katre, applicant having no role in the entire incident. He further submits that there is no seizure made from the present applicant and there is a delay in lodging a complaint against the present applicant. He also submits that applicant has no criminal antecedent 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 section machine does not belongs to present applicant and the owner of the said machines are one Pankaj Ramauji Katre, there is no seizure made from the present applicant and there is a delay in lodging a complaint, applicant has no criminal 3 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 – Ramkumar Ogre 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. (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