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2026 DAILYLAW 25822 (CHH)

RAJU SINGH v. STATE OF CHHATTISGARH

MCRC/5443/2026 · 2026-07-08

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Judgment text

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1 CGHC010221742026 2026:CGHC:28659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5443 of 2026 • Raju Singh S/o Yogendra Singh Aged About 39 Years R/o House No. A/61, Ashok Vihar Colony, Gondwara, Sarora, P.S. Khamtarai, Tahsil And District- Raipur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer/ Thana Incharge, Police Station Mandir Hasod, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Gunjan Tiwari, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2025 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. 148/2026, registered at Police Station – Mandir Hasaud, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 61(2), 317(2), 112 and 182A(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complainant chandan Kumar is working as project engineer with the Shreeji Kripa Project Limited VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:47 +0530 2 situates at sector 16, Naya Raipur (C.G.). The complainant had lodged the complaint on dated 20.03.2026 regarding shortage of 10 Metric Ton of TMT Rods with respect to weight and having the value of 6, 90,000/- ( Six Lakhs Ninty Thousand). The Complainant had stated that the his company got the project to establish the Women Hostel in Naya Raipur situated at Sector 16. The construction is still under way and in order to complete the hostel the Complainant company had order the TMT Rods from GND Ispat Private Limited situated at Bana, Raipur (C.G.) via off business, Ahmedabad. On dated 07.03.2026 the Trailor vehicle no. CG/04/JC/6215 was taking the TMT Rods having weight 41.770 Metric Ton and Trailor vehicle no. CG/04/JC/2484 was taking the TMT Rods having weight 37.9500 Metric Ton, Trailor vehicle no. CG/04/JC/1381 was taking the TMT Rods having weight 32.080 Metric Ton was loaded and sent to the under construction women hostel. On dated 08.03.2026 the trailor vehicle no. CG/04/JC/1381 and on dated 09.03.2026 the trailor vehicle no. CG/04/JC/2484 reached to under construction women hostel site situated at sector 16 Naya Raipur. The weight of the trailer were measured and found correct then after the material was de loaded at the site but the material was found to be on lesser side based on assumptions. On dated 10.03.2026 the Trailor vehicle no. CG/04/JC/6215 was loaded with rods and the officials of the company found that the material was on the lesser side and hence minutely checked the vehicle then found that the pig iron having weight of 5 Metric Ton was present and the same weight of the rods were missing having value of 3,45,000/-(Rs Three Lakhs Fourty Five Thousand). The company officials assumed that on dated 08.03.2026 and 09.03.2026 the above mentioned trailer was having total TMT rods in lesser side of weight 10 Metric Ton. Similarly, on dated 3 17.03.2026 the Trailor vehicle no. CG/04/MS/9932 was loaded with TMT rods of weight 40.120 Metric Ton but when it reached to site then on measuring the same the weight was found to be 35.120 Metric ton i.e. 5 Metric Ton Material was on the lesser side (having the Value of 3,45,000/-) and the builty of the same loaded TMT Rods were also not obtained to the company officials. The above 4 vehicle was not wrapped and it was open which leads to the assumption that the material was stolen having the value of 10 Metric Ton (Value in Rs. 6,90,000/-) by the present applicant with vehicle driver other people. The same incident was narrated by the complainant to the senior official named as Vaibhav Sarre posted as Project Manager. The project manager via Shreeji Kripa had informed the same incident to the OFF Business, Ahmedabad. The conduct of the applicant with vehicle driver and other people compelled them to lodge the FIR no, 0148/2026, hence this Bail 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 is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 22.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the 4 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 is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 22.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Raju Singh, involved in Crime No.148/2026, registered at Police Station – Mandir Hasaud, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 61(2), 317(2), 112 and 182A(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 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 sufficient 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 5 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 sufficient 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. Office 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 Vaishali