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2025:CGHC:3876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA
No.
1459
of 2024
• Jitendra Ratre S/o Ranjan Rartre Aged About 27 Years R/o Bilaigarh, Post Sukhpali Janjgir Champa District Janjgir Champa (C.G.) (As Per Adhar Card)
... Applicant versus • State of Chhattisgarh through Station House Officer. Police Station-Sarsiwa, District Janjgir Champa (C.G.) ... Respondent For Applicant : Mr. Hariom Rai, Advocate on behalf of Mr. Sachin Nidhi, Advocate For Respondent-State : Mr. Santosh Soni, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judg
e
ORDER
ON BOARD
22/01/2025
1. Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 34/2024 registered at Police Station- Sarsiwa District Sarangarh Bilaigarh (C.G.) for offence punishable under Sections 380, 457 of IPC.
2. Case of the prosecution, in brief, is that on 18.01.2024 technician of A.T.C. Mobile Tower has lodged a report in the concerned Police Station stating that from mobile tower of Idea and Jio, some unknown persons have committed theft of 24 no. of Amararaja 600 AH batteries and thereafter on 30.01.2024 again, 24 nos. of batteries have been theft from another mobile tower. Based on the report, initially crime was registered. During course of investigation, co-accused Bhojram Yadav was arrested PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 and upon his memorandum statement, crime against applicant was also registered.
3.
Learned counsel for the applicant would submit that applicant is innocent, he has not committed any offence as alleged, he has been falsely implicated in the crime. Other co-accused persons Samir Agrawal, Sunil Kharra, Govind Sidar and Bhojram Yadav have been granted bail in MCRCA No. 340/2024, MCRC No. 2635/2024, MCRC No. 3918/2024 and MCRC No. 4563/2024 respectively. He also fairly submitted that one of the co-accused has filed application for grant of anticipatory bail in MCRCA No. 577/2024 was rejected vide order dated 01.08.2024. As the other four co-accused persons have been granted bail by this Court, applicant may also be extended benefit of anticipatory bail.
4. On the other hand, learned State counsel opposes the submission of counsel for applicant and would submit that applicant was involved withother co-accused persons in commission of alleged crime. He also contended that there are two other criminal antecedents against applicant under the IPC.
5. I have heard learned counsel for the respective parties and also perused the documents enclosed along with bail application.
6. Perusal of order of rejection for grant of anticipatory bail by the trial court would show that the application filed by the applicant was rejected on 06.03.2024, he has not approached this court immediately and remained absconded. The charge-sheet was filed showing the applicant absconding. The certified copy of the impugned order has been obtained on 19.07.2024, however, the bail application is filed on 21.11.2024. Anticipatory bail was granted to co-accused person who purchased theft articles.
7. Considering the entirety of the facts and circumstances of the case and in particular that the applicant even after rejection of the anticipatory bail application on 06.03.2024 remained absconded and has not filed any
3 / 3 application for grant of anticipatory bail within time before this Court, I do not find present to be a fit case to allow this anticipatory bail application.
8. Accordingly, this application filed under Section 482 of the BNSS, 2023 stands dismissed. Sd/- (Parth Prateem Sahu) pwn
JUDGE