1 2025:CGHC:53832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7767 of 2025 Durga Prasad Tamrakar S/o Late Amar Chandra Tamrakar Aged About 45 Years R/o Ward No. 12, Ramnagar Muktidham, Supela Bhilai, District - Durg Chhattisgarh ... Applicant versus Union Of India Through Railway Protection Force, Bhatapara, District – Balodabazaar-Bhatapara, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/UOI : Mr. Ramakant Mishra, Dy. Solicitor General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 09/2025, registered at Railway Security Force, Post Bhatapara, District – Balodabazaar-Bhatapara (C.G.) for the offence punishable under Sections 3(A) of the Railway Property (Unlawful Possession) Act. 2. The case of the prosecution, is that on 19.05.2025 the concerned Police RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 received an information that railway serge cable was missing near Dhadhapara Chakarbhatha and during investigation it is found that some unknown person has stolen total 42 meter of serge cable from pole number 7 and when police investigated the matter it is found that in crime No. 03/2025 relating to same matter some person has been arrested in RPF Dongargarh post and the Police Bhathapara obtained permission from the concerned Court, and the other co-accused person Rajkumar @Kaka and Mukesh Kumar have confessed that they have stolen the above meter cable and they have sold it to Anurag Metels run by the present accused Durgesh Tamrakar and when police reached there they found some broken cable about 1.700 KG in shop of the Durgesh Tamrakar and about 30 KG of copper cable in one bag which is produced by Durga Prasad Tamrakar who is worker in Anurag Metals, and thus, Police arrested the applicant in the present case. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 3 criminal antecedents registered against the present applicant including the present one, and the bail application for other two case have already listed today. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 28.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the respondent/UOI has vehemently opposed the bail application by submitting that the applicant is directly involved in a case of theft of railway serge cable, which is a public property and an essential component of railway infrastructure, 3 during the course of investigation, the co-accused persons confessed to having stolen 42 meters of cable and further disclosed that the stolen material was sold to the accused Durgesh Tamrakar, who runs Anurag Metals. Pursuant to such disclosure, the police recovered broken cable pieces weighing about 1.700 kg from the shop and 30 kg of copper cable from a bag produced by the applicant who is a worker of of the Anurag Metals, which is clearly indicating the applicant’s active role in the offence, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 3 criminal antecedents registered against the present applicant including the present one, and the bail application for other two case have already been listed today, charge-sheet has been filed against the applicant, the applicant is in jail since 28.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Durga Prasad Tamrakar, involved in Crime No. 09/2025, registered at Railway Security Force, Post Bhatapara, District – Balodabazaar-Bhatapara (C.G.) for the offence punishable under Sections 3(A) of the Railway Property (Unlawful Possession) Act, be released on bail on his furnishing a personal bond with two 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar