1 2025:CGHC:48601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1468 of 2025 Vikash @ Shyam Dewangan S/o Bansilal Dewangan, Aged About 31 Years R/o Bijli Nagar, Chhawani, Near Girwar Paan Palace Bhilai, Tahsil And District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station Chhawani, District Durg (C.G.) ... Respondent For Applicant : Shri Ankush Soni, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22/09/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suruksha Sanhita, 2023, for grant of anticipatory bail, apprehending his arrest in connection with Crime No.515/2019, registered at Police Station Chhawani, District Durg GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.23 15:18:28 +0530 2 (C.G.) for alleged commission of offence punishable under Section 381 of I.P.C. 2. Case of the prosecution, in brief, is that the complainant, Pradeep Soni, proprietor of Pradeep Jewellers, which deals in selling and pawning gold and silver jewelry, reported to the Chhawani police station that he suspected his employee, Ashok Sahu alias Sonu Sahu, of theft due to discrepancies in pawned items and jewelry. Over the past year, items and jewelry worth approximately 25-30 items and 200 grams of jewelry valued at Rs.7 lakhs were found missing. Upon suspicion, Ashok Sahu's behavior and excessive spending on clothes, mobile, and lifestyle led to an investigation. Based on the complainant's report, a First Information Report (FIR) was registered against Ashok Sahu under Section 381 of the IPC at Chhawani Police Station, District Durg, and the case was taken up for investigation. During the investigation, Ashok Sahu was arrested and interrogated. In his memorandum statement, he revealed that he had been selling the stolen items to Shyam Lal Dewangan at half price for 7-8 months. Based on this disclosure, applicant was made a co-accused in the case. After completing the investigation, a charge sheet was filed against Ashok Sahu on 14/11/2019, before the trial court, while applicant Vikash @ Shyam Dewangan was declared absconding. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He 3 would submit that only on the basis of memorandum statement, the applicant has been involved in this case and the police has not seized any said article from the applicant and he has not committed theft of the seized article. He would submit that the applicant is permanent resident as mentioned in the cause title of this anticipatory bail application, hence there is no possibility of his absconding, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that the incident is of 2019 and charge sheet has been filed in 2019 showing the applicant to be absconding. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that incident is of 2019 and applicant has been absconding for last 06 years and has now come up before this Court for grant of anticipatory bail and the charge-sheet has already been filed in the present case before the competent Court, without expressing any opinion on the merits of the case, this Court does not find it to be a fit case to enlarge the applicant on anticipatory bail. 4 7. The Supreme Court, in Lavesh v. State (NCT of Delhi), reported in {(2012) 8 SCC 730} and State of Madhya Pradesh v. Pradeep Sharma, reported in {(2014) 2 SCC 171}, has observed that where the accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail. 8. Accordingly, the anticipatory bail application of the applicant - Vikash @ Shyam Dewangan, involved in Crime No.515/2019, registered at Police Station Chhawani, District Durg (C.G.) for alleged commission of offence punishable under Section 381 of I.P.C. is rejected. Sd Sd/- (Ramesh Sinha) Chief Justice gouri