1 2025:CGHC:6619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 133 of 2025 Rajnet Narange S/o Tiharu Narange, Aged About 40 Years, R/o Village Bagdev Marg, Shanti Nagar, Sutarra, Post Sutarra, P.S. Katghora, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Dipka, District - Korba (C.G.) ... Non-Applicant For Applicant : Mr. Banhiman Roy, Advocate. For Non-Applicant/State : Mr. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 05/02/2025 1 This first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.432/2024, registered at Police Station – Dipka, District - Korba (C.G.) for the offence punishable under Sections 305 (a), 331 (4) of Bharatiya Nyaya Sanhita, 2023. 2 The prosecution case in brief, is that the complainant has lodged report to the concerned Police Station that on the date of incident, the unknown persons were entered in the control room of NTPC by breaking lock and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.06 19:25:45 +0530 2 committed theft of copper wire of 150 meters from place of incident and on the basis of complaint made by the complainant, the Police has registered the case under Sections 305(a) and 331(4) of B.N.S against the unknown persons and during investigation, the Police has arrested the present applicant on the memorandum of the Statement of main accused persons. 3 Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that only on the basis of memorandum statement of the accused persons, the applicant has involved as accused in connection of crime based upon the false and baseless allegation. He further submits that the Police has not seized any said article from the applicant. He further submits that the applicant has one previous criminal antecedent. Hence, he prays for grant of anticipatory bail to the present applicant. 4 On the other hand, learned counsel for the State opposes the bail application and submits that the co-accused, namely, Sanjay Chauhan stated in his memorandum statement that he sold the stolen cable to the present applicant Raj Kabadi, a resident of Sutrra Dongri Road, for Rs. 15-16 thousand and shared the amount among themselves, further amount of Rs. 2,000/-, a 78 inch silver-colored copper cable, and a 63- inch black copper cable piece were seized from co-accused Sanjay Chauhan. Therefore, he is not entitled to be granted anticipatory bail. 5 I have heard learned counsel appearing for the parties and perused material available on record. 6 Considering the facts and circumstances of the case, submissions made by the parties and from perusal of the documents available, it appears that the co-accused, namely, Sanjay Chauhan stated in his memorandum statement that he sold the stolen cable to the present 3 applicant Raj Kabadi, a resident of Sutrra Dongri Road, for Rs. 15-16 thousand and shared the amount among themselves, further amount of Rs. 2,000/-, a 78 inch silver-colored copper cable, and a 63-inch black copper cable piece were seized from co-accused Sanjay Chauhan, as such, this Court deems it appropriate to reject the anticipatory bail of the present applicant. 7 Accordingly, the Anticipatory Bail application of applicant Nos. 1 and 2 - Rajnet Narange involved in Crime No.432/2024, registered at Police Station – Dipka, District - Korba (C.G.) for the offence punishable under Sections 305 (a), 331 (4) of Bharatiya Nyay Sanhita, 2023, is rejected. Sd/- Sd/- ( (Ramesh Sinha) Chief Justice Preeti