1 2025:CGHC:4987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 140 of 2025 Amit Uraw S/o Late Jhadiram Uraw Aged About 25 Years R/o Village Udsugi, Post Gadhwa, District Gadhwa, Jharkhand ... Applicant(s) versus State Of Chhattisgarh Through P.S. Ratanpur District Bilaspur Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Prasoon Agrawal, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.811/2023 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Ratanpur District Bilaspur (C.G.) for the offence punishable under Section 407/34 of the IPC. 2. Prosecution case in brief is that the applicant/accused, along with other co-accused, committed a crime between 24.11.2023 and 25.11.2023. They allegedly sold coal from Pankaj Singh Gandhi's trailer at Romi Maurya Coal Depot in Mohtrai, Ratanpur, and then loaded rubble, stones, and dust into the trailer, causing financial loss at the Ultratech Raw Plant in Simga, Raipur. According to the report from Ratanpur Police Station, the applicant/accused is absconding. The applicant/accused, along with other co-accused, cheated and caused a loss of approximately 7 lakh rupees by tampering with coal. Thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and there is no direct evidence linking him to the alleged manipulation of coal or fraudulent activities that are being attributed to him, the actual perpetrators are unknown, the applicant has been falsely implicated in the present case. He further submits that the applicant is only doing his work of transporting coal from one point to another as instructed by his employer, further the case pertains to the year 2023, and the applicant had to travel back to his home, which is in Jharkhand, due to sudden death of his father, which required his immediate attention and presence with his family, and the said absence 3 period of applicant is being misinterpreted by the prosecution, further one of the co-accused perons has already been granted bail by the learned trial Court, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons have sold coal from Pankaj Singh Gandhi's trailer at Romi Maurya Coal Depot in Mohtrai, Ratanpur, and then loaded rubble, stones, and dust into the trailer, causing financial loss of about 7 lakh rupees to the Ultratech Raw Plant in Simga, Raipur, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the documents appended with it. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute, also considering the fact that though the allegation against the applicant that he alongwith other co-accused persons have sold coal from Pankaj Singh Gandhi's trailer at Romi Maurya Coal Depot in Mohtrai, Ratanpur, and then loaded rubble, stones, and dust into the trailer, causing financial loss of about 7 lakh rupees to the Ultratech Raw Plant in Simga, Raipur, but the applicant has no criminal antecedent and one of the co-accused has already been granted bail by the trial Court, as such, without further commenting 4 anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Amit Uraw, on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil