1 2025:CGHC:49185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7760 of 2025 Imran Ansari @ Chhotu S/o. Late Julfan Ansari, Aged About 32 Years R/o. Bhadgaon, Police Station Senha, District Lohardaga, Jharkhand. ... Applicant versus State of Chhattisgarh Through The District Magistrate, Raigarh, (Police Station - Punjipathra, Tahsil Gharghoda, District Raigarh, C.G.) ... Non-applicant For Applicant : Mr. Vivek Bhakta, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 132/2025, registered at Police Station : Punjipathra, Tahsil Gharghoda, District Raigarh, (C.G.) for the offence punishable under Section 316(3), 338, 336(3) and 112(2) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the Chief Security Officer of M/s. Singhal Steel and Power Private Limited, Raigarh, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 namely Dhriti Sundar Behra, lodged a written report on 04.05.2025 at about 9:40 a.m. at Police Station Punjipathra, Tahsil Gharghoda, District Raigarh. In the report, it was stated that a call was received from Sandip Kumar Singh, an employee of M/s. Jai Ambe Freight Carrier, through mobile number 6205538820, informing that Rakesh Kumar, driver of Truck No. JH-10-BX-4366, was unloading goods at B.S. Sponge Plant, Raigarh, and offering to transport goods for their company. Believing his assurance, the company requested the transporter to send identification documents, including the driver’s license, vehicle owner’s PAN card, and the truck’s registration certificate, which were duly provided. Subsequently, the truck was loaded with Spiral Iron Spikes on 05.05.2025 at about 8:20 p.m. for delivery to Jai Hanuman Steel, G.E. Road, Raipur. However, instead of delivering the goods at the intended destination, the driver diverted the consignment and unloaded it at a godown in Chatra, Lohardaga (Jharkhand), belonging to Manoj Kumar. Based on this report, FIR No. 132/2025 was registered against the present applicant and other accused persons, namely Irshad Ansari @ Sonu, Wahid Ansari, and Tohid Khan, while three others, namely Mohd. Taslim, Samir Khan, and Kadir @ Chhotu, were reported absconding. The present applicant was subsequently arrested on 23.05.2025, leading to the filing of this application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that there is no iota of evidence collected by the 3 police against the present applicant and no material is available to connect him with the alleged offence, thereby entitling him to grant of bail. It is also submitted that a co-accused, namely Tohid Khan, has already been granted bail by the learned Trial Court vide order dated 05.06.2025, a copy of which is filed as Annexure A-5. Therefore, on the ground of parity and considering the facts and circumstances of the case, the present applicant is also entitled to be released on bail. He further submits that the present applicant has only 01 previous criminal antecedent which is of the year 2023, has been explained in this bail application, charge-sheet has been filed before the competent Court, he is in jail since 23.05.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He also submits that the allegations against the applicant are serious in nature, involving criminal breach of trust and misappropriation of goods. It is contended that the applicant, in connivance with co-accused persons, deliberately diverted the loaded truck and unlawfully unloaded the goods at a different location, causing significant loss to the company. It is further submitted that three co-accused persons are still absconding, and releasing the applicant on bail at this stage may hamper the investigation and facilitate tampering with evidence or influencing witnesses and having criminal antecedents, therefore, he is not entitled for grant of bail. 4 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the allegation is that the applicant, in connivance with co-accused persons, deliberately diverted the loaded truck and unlawfully unloaded the goods at a different location, causing significant loss to the company, but he is in jail since 23.05.2025 and further considering the fact that a co- accused, namely Tohid Khan, has already been granted bail by the learned Trial Court vide order dated 05.06.2025, the present applicant has 01 criminal antecedents which is of the year 2023 and the same has been explained in this bail application, the charge- sheet has been filed before the competent Court and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the applicant, Imran Ansari @ Chhotu, involved in Crime No. 132/2025, registered at Police Station : Punjipathra, Tahsil Gharghoda, District Raigarh, (C.G.) for the offence punishable under Section 316(3), 338, 336(3) and 112(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 5 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is 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 him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan