1 2025:CGHC:48610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7617 of 2025 1 - Shivam Kumar Rathore S/o Sonsai Rathore Aged About 19 Years R/o Village- Anjani Tahsil - Jaithari, Distt- Anuppur (M.P.) 2 - Shivam Rathore S/o Devnarayan Rathore Aged About 19 Years R/o- Village- Kyontar, P.S. And Tahsil Jaithari Distt- Anuppur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through- P.S. Gaurella, Distt- Gaurella-Pendra- Marvahi (C.G.) ... Respondent(s) For Applicant(s) : Mr. Bharat Lal Dembra, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 184/2025 registered at Police Station Gaurella, District : Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 112(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant, Kaleshwar Prasad Yadav, on 01/07/2025, lodged a written complaint at Police Station Gaurela stating that on 26/06/2025 at about 01:00 a.m. in the night, after having dinner with his family, he went to sleep. His Sonalika tractor bearing number CG-AT-0551, which he had purchased second-hand from Aashirwad Agency, Pendra, last month, but which had not yet been transferred in his name, was found missing near its parking place when he woke up at about 06:00 a.m. in the morning. His Sonalika tractor bearing number CG-10-AT-0551, worth about ₹1,00,000/-, was stolen by some unknown person between 01:00 a.m. and 06:00 a.m. on 26/06/2025. On the basis of the said written report of the complainant, Police Station Gaurela registered Crime No. 184/2025 under Section 303(2) of BNS against an unknown accused and took the case for investigation. During investigation, on 01/08/2025, information was received from Police Station Pendra that the stolen tractor was being driven in Village Mahuda, Police Station Jaitthari. On the basis of the informant’s tip, search was conducted, and suspects namely Mrigendra Rathore, Yuvraj Rathore, Sahil Rathore, and the present applicant/accused Shivam Rathore were apprehended and brought to the police station. Upon interrogation regarding the stolen property, it was disclosed that in the month of March, one Swaraj tractor with trolley had been stolen from Ghathouli Kargikhurd, and about a month ago, one Sonalika tractor had been stolen from Village Kotkharra, and both the tractors were concealed in the forest of Kotkharra. The memorandum statements of co-accused were recorded, and Police Station Gaurela was informed. As it was found that the accused 3 persons had committed the offence in an organized manner, Section 112(2), 3(5) BNS were added in the case. When police reached Kotkharra forest, one blue-coloured Sonalika tractor was found, with faded number, marked in English as DI35, having engine number 3100FLU83F7 45449F18, chassis number HZJSG75315153, with a plough attached, worth about ₹1,00,000/-, along with one red-coloured Hornet motorcycle bearing number MP-35-MH-2790, worth ₹20,000/-, used in the incident, which were seized from accused Mrigendra Rathore. In Police Station Pendra Crime No. 80/2025 under Section 303(2) BNS, one stolen Swaraj tractor with trolley was seized by Pendra police from accused Yuvraj Rathore in that case. In their memorandum statements, the accused persons confessed that they had committed tractor thefts from the jurisdiction of Police Station Gaurela as well as Police Station Jaitthari, and the First Information Report in that regard has been annexed in the case. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that no seizure of any incriminating material has been made from the possession of the applicants, as the same has been recovered from the possession of co-accused, Yuvraj Rathore, only on the basis of memorandum statement of the co-accused, present applicants have been implicated in the case. He also submits that identically situated co-accused, namely, Mrigendra Rathour @ Ankit has already been granted regular bail by this Court vide order dated 16.09.2025 in MCRC No.7449 of 2025. The applicants are in jail since 01.08.2025, both the applicants, 4 Shivam Kumar Rathore and Shivam Rathore have one criminal antecedent against them registered at Crime No.184/2025 and Crime No. 192 of 2025, respectively, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants are involved in multiple tractor thefts in an organized manner. Shivam Rathore admitted in his memorandum statement about stealing a Swaraj tractor near Basantpur about five months ago and a Sonalika tractor near Lalpur one month ago, hiding both tractors in the Kotkharra forest. During the investigation, the police seized the Swaraj tractor (registration CG-10- AN-5262, engine number 331008SYN06734, chassis number WSTN25425153643) along with a trolley and a red Hero HF Deluxe motorcycle (registration MP-65-ZA-8685) from the accused. Additionally, the stolen Sonalika tractor was recovered from co- accused Mrigendra Rathore. The evidence indicates that the accused executed these thefts in a planned, organized manner and were involved in multiple similar offenses, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 01.08.2025, the fact that though the applicants along with co- 5 accused are allegedly involved in multiple tractor thefts in an organized manner and there is a seizure of stolen Swaraj tractor (registration CG-10-AN-5262, engine number 331008SYN06734, chassis number WSTN25425153643) along with a trolley and a red Hero HF Deluxe motorcycle (registration MP-65-ZA-8685) from their possession, so far as criminal antecedents of the applicants are concerned, both the applicants, Shivam Kumar Rathore and Shivam Rathore have one criminal antecedent against them, which are registered at Crime No.184/2025 and Crime No. 192 of 2025, respectively, but considering the fact that co-accused, namely, Mrigendra Rathour @ Ankit has already been granted regular bail by this Court vide order dated 16.09.2025 in MCRC No.7449 of 2025 and the case of present applicants are identical to that of the aforementioned co-accused, further charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants-Shivam Kumar Rathore and Shivam Rathore, involved in Crime No. 184/2025 registered at Police Station Gaurella, District : Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 112(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’), be released on bail on their furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 6 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal