1 2026:CGHC:163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9060 of 2025 Ajay Singh S/o Shri Sarad Lal Singh Aged About 35 Years R/o Village Sarghoka P.S. Jain Complex Pondi District- Koriya (C.G.) Present Address Godavar Ispat And Power Limited Company, Siltara P.S. Dharsiwa, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, P.S. Dharsiwa, Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 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. 499/2025, registered at Police Station – Dharsiwa, Raipur, District Raipur, (C.G.) for the o?ence punishable under Sections 3(5), 305 and 331 of the Bharatiya Nyaya Sanhita, 2023. 2. The facts of the case, in brief, are that the complainant, Senior Security O@cer of Godavari Power & Ispat Ltd., lodged a written complaint on 15.10.2025, stating that on 13.10.2025 he came to RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 know that the applicant, who is the driver of a Hyva vehicle bearing registration No. CG-04-PH-5728, along with other employees/co- accused of the company, had conspired to steal approximately 18 tons of sponge iron, valued at Rs. 5,00,000/- from the company. On the basis of this complaint, an FIR was registered, and investigation was initiated against the applicant and other co-accused. Hence, the present bail application has been Cled. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He had no role in the commission of the alleged o?ence, and there is no legal material or evidence on record connecting him to the crime. The applicant is merely a driver of the company and acted under the directions of his superiors, speciCcally following instructions from his Supervisor, Shesh Narayan Sahu, to transport the sponge iron to a designated yard, for which he also received a written letter, and therefore cannot be said to have conspired in the alleged theft. The applicant has disclosed the true facts to the investigating o@cer, but these were allegedly ignored, and a false memorandum and seizure were shown to implicate him. He has no prior criminal antecedents, is about 35 years old, has been in jail since 16.10.2025, 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 State counsel opposes the bail application and submits that the applicant, being the driver of the 3 vehicle, along with other co-accused, allegedly conspired to steal 18 tons of sponge iron worth Rs. 5,00,000/- from Godavari Power & Ispat Ltd. The o?ence is serious in nature, involves dishonest misappropriation of company property, and prima facie material is available against the applicant. Considering the gravity of the o?ence and the likelihood of tampering with evidence, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, it appears that the applicant, being a driver of the company, had no independent role in the alleged theft and acted solely under the directions of his superiors. There is no legal material or direct evidence connecting him to the misappropriation of the sponge iron, and the allegations appear to be based on assumptions. The applicant has no previous criminal antecedents, the charge-sheet has been Cled before the competent Court, and the applicant is in jail since 16.10.2025 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. Let the applicant - Ajay Singh, involved in Crime No. 499/2025, registered at Police Station – Dharsiwa, Raipur, District Raipur, (C.G.) for the o?ence punishable under Sections 3(5), 305 and 331 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 4 personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall Cle an undertaking to the e?ect that he shall not seek any adjournment on the dates Cxed 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 Cxed, either personally or through his counsel. In case of his absence, without su@cient 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 Cxed 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 Cxed for (i) opening of the case, (ii) framing of charge and (iii) 5 recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su@cient 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. O@ce is directed to provide a certiCed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan