1 2025:CGHC:30670 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4025 of 2025 Sanjay Kanwar S/o Sabut Singh Kanwar Aged About 25 Years Resident Of Village- Nonbirra, Sadakpara, Police Station- Dipka, Tahsil And District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Dipka, District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Chandradeep Prasad, Advocate. For Non-Applicant/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 130/2025, registered at Police Station – Dipka, District- Korba (C.G.) for the offence punishable under Sections 303(2), 316(2), 61, 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that complainant Manish Shrivastava lodged a report at Police Station Dipka stating that RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Driver Shani Singh had loaded coal in a trailer bearing registration number CG-12-S-5755 for transportation from Gevra Mines to ACB Wasri, Chakabuda. However, the said coal was not delivered to its designated destination. Instead, with the help of other co-accused persons, Driver Shani Singh allegedly misappropriated 30.28 tons of coal valued at ₹58,000/- and sold it to individuals named Golu and Pachu of Akash Coal Depot. Based on this report, the alleged offences have been registered against the accused persons, including the present applicant. 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 the applicant has neither stolen the coal belonging to the complainant, nor sold the same to any other person, the applicant is driver by profession and he used to drive the truck and transport the goods from one place to its destination as per instructions and direction of the truck owner. He further submits that the present applicant has no any criminal antecedent and he is in jail since 14.04.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. He also submits that the allegations against the accused persons, including the present applicant, are serious in nature involving theft and misappropriation of government property. 3 It is alleged that coal valued at ₹58,000/-, meant for transportation from Gevra Mines to ACB Wasri, Chakabuda, was illegally diverted and sold with the connivance of the co-accused persons, including the present applicant. He further contends that such acts affect public resources and involve an element of organized misappropriation, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties and considering the fact that the only recovery made from the present applicant is a mobile phone, and there is no substantial evidence on record to show his direct involvement in the alleged misappropriation of coal and he has no any criminal antecedent, the charge-sheet has been filed and the applicant is in jail since 14.04.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Sanjay Kanwar, involved in Crime No. 130/2025, registered at Police Station – Dipka, District- Korba (C.G.) for the offence punishable under Sections 303(2), 316(2), 61, 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 4 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 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. 5 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 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