1 2025:CGHC:6139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 173 of 2025 Dipu @ Kariya @ Deepak Yadav S/o Dashrath Yadav Aged About 36 Years R/o Jharmuda Police Station Kurdeg District Simdega Jharkhand ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Dharamjaigarh District Raigarh Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate. For Non-Applicant(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 03/02/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.169/2024, registered at Police Station Dharamjaigarh District Raigarh (C.G.) for alleged commission of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 offence punishable under Sections 379, 365, 395, 397, 120-B, 412, 414 of IPC and Sections 25 and 27 of Arms Act. 2. As per the case of the prosecution, the on 23.06.2024, one Abhishek Upadhyay, Assistant Officer of Human Resource Department of Shree Rupla Dham Steel Pvt. Ltd. Saraipali lodged a report alleging that on 22.06.2024 a truck bearing No.CG-15- AC-1490 containing 8 mm, 10 mm Maruti TMX 25 ton and 50 Kg iron bar amounting Rs.14,03,679/- was sent to his company by one broker Atal Agrawal. The driver of the truck namely Mujahid left for the company at about 07:00 pm, in the night, phone of driver was found switched off and the said iron bar did not reach to the place of delivery and thereafter, the offence under Section 379 of IPC was registered by Police Station Dharamjaigarh, District-Raigarh (C.G.). During investigation, it was found that co- accused Lokesh Yadav, Raju Yadav, Rupesh Yadav alongwith the present applicant planned to commit loot of the truck and thereafter sold the iron bar to one Ganesh Gupta, thereafter, the offence under Section 395, 397, 120-B, 412, 414 of IPC and Section 25 and 27 of Arms Act were added later on. 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 they have been informed by the other accused persons that the complainant party has not returned the amount owed to them, and as a result, the other co-accused persons have taken coercive actions against the complainant. 3 However, the applicant asserts that they had no knowledge of the conspiracy hatched by the other co-accused persons. The applicant's only involvement was receiving a sum of Rs. 10,000/-, which was meant to be paid to the driver. Furthermore, the charge-sheet does not mention that the applicant received any other money beyond the payment for the driver. Therefore, prima- facie, the offense against the applicant cannot be established. He also submits that three of the co-accused persons, namely, Rupesh Yadav, Mo. Mister Jinha and Ganesh Gupta have already been granted regular bail by this Court vide order dated 25.09.2024 in MCRC Nos.7401/2024, 6571/2024 and 6142/2024. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons have committed loot of truck bearing registration No.CG-15-AC-1490 containing 8 mm, 10 mm Maruti TMX 25 ton and 50 Kgs iron bar amounting Rs.14,03,679/- and sold it to co-accused, namely, Ganesh Gupta, therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that he alongwith other co-accused persons 4 have committed loot of truck bearing registration No.CG-15-AC- 1490 containing 8 mm, 10 mm Maruti TMX 25 ton and 50 Kgs iron bar amounting Rs.14,03,679/- and sold it to co-accused, namely, Ganesh Gupta, further considering the fact that co-accused persons have been granted regular bail by this Court, as such, I am not inclined to grant anticipatory bail to the applicant. Accordingly, the anticipatory bail application of the applicant - Dipu @ Kariya @ Deepak Yadav, involved in Crime No.169/2024, registered at Police Station Dharamjaigarh District Raigarh (C.G.) for alleged commission of offence punishable under Sections 379, 365, 395, 397, 120-B, 412, 414 of IPC and Sections 25 and 27 of Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Akhil