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2026 DAILYLAW 30727 (CHH)

MANOJ KUMAR DEWANGAN v. STATE OF CHHATTISGARH

MCRC/7462/2026 · 2026-08-12

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1 CGHC010313732026 2026:CGHC:35979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7462 of 2026 Manoj Kumar Dewangan S/o. Tikaram Dewangan, Aged About 58 Years R/o. Avadhpuri, Risali Bhilai, District Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Purani Bhilai, District Durg (C.G.) (Police Station Bhilai -3 Has Wrongly Been Mentioned In The Impugned Order). ... Non-Applicant(s) For Applicant : Mr. Manoj Paranjpe, learned Sr. Advocate along with Mr. Arpan Verma, Advocate For Non-Applicant/State : Mr. Soumya Rai, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2026 1. This is the <rst bail application <led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 277/2026, registered at Police Station Purani Bhilai, District Durg (C.G.), for the o>ences punishable under Sections 111, 112, 303(2), 303(3), 317(4), 317(5), 319(2), 336(3), 338, 343(2), 61(2) (a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant lodged a KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 written complaint before the concerned Police Station alleging therein that an agreement had been executed between the Blast Furnace Department of Bhilai Steel Plant and R.D.K. Industries for transportation of @ue dust. It is alleged that on 26.05.2026, information was received that vehicles bearing Registration Nos. CG-04-QT-8797 and CG-08-AW-1475 were illegally transporting iron scrap material without any authority. Upon inspection by the authorized oDcials of Bhilai Steel Plant, the said vehicles were found carrying iron scrap in an unauthorized and illegal manner. On the basis of the said written complaint, the aforesaid crime was registered against the accused persons and investigation was taken up and therefore, the applicant was arrested on the basis of memorandum statement. 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 is an Engineering Associate in Bhilai Steel Plant and was merely entrusted with the additional work of maintaining entries of scrap material kept in the scrap yard. It is further submitted that the applicant had no role either in transportation of the alleged iron scrap or in the alleged conspiracy and he was not named in the FIR. Except the memorandum statement of the co-accused and certain monetary transactions with his co-worker, no material has been collected by the investigating agency connecting the applicant with the alleged o>ence. He further submits that the applicant has already been placed under suspension and is su>ering from serious prostate ailments. Learned 3 counsel further submits that two co-accused persons namely Abhay Singh and Himanshu Khandelwal have already been granted anticipatory bail by this Court in MCRCA No.1304/2026 vide order dated 12.08.2026 and MCRCA No.1244/2026 vide order dated 04.08.2026, respectively. He further submits that two other co- accused namely Himanshuy Bhushan Mallick and Upendra @ Pintu Ojha have already been granted regular bail by this Court in MCRC No.7281/2026 vide order dated 10.08.2026 and MCRC No.7342/2026 vide order dated 11.08.2026, respectively. Therefore, on the ground of parity, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that during the course of investigation, material has been collected indicating the involvement of the present applicant in the alleged o>ence. It is further submitted that the applicant was posted at the scrap yard of Bhilai Steel Plant and there are memorandum statements as well as monetary transactions between the applicant and co-accused Ghanshyam Gupta, which are part of the prosecution case. However, learned State Counsel could not dispute the fact that co-accused Abhay Singh and Himanshu Khandelwal have been granted anticipatory bail by this Court in MCRCA No.1304/2026 and MCRCA No.1244/2026, respectively, and co-accused Himanshuy Bhushan Mallick and Upendra @ Pintu Ojha have also been granted regular bail by this Court in MCRC No.7281/2026 and MCRC No.7342/2026, respectively. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the fact that the applicant was not named in the FIR, the allegation against him is primarily based upon memorandum statements and certain monetary transactions and further considering that co-accused Abhay Singh has been granted anticipatory bail by this Court in MCRCA No.1304/2026 vide order dated 12.08.2026, co-accused Himanshu Khandelwal has been granted anticipatory bail by this Court in MCRCA No.1244/2026 vide order dated 04.08.2026 and co-accused Himanshuy Bhushan Mallick and Upendra @ Pintu Ojha have been granted regular bail by this Court in MCRC No.7281/2026 vide order dated 10.08.2026 and MCRC No.7342/2026 vide order dated 11.08.2026, respectively, and the applicant is in jail since 09.07.2026 however, in the present case, charge-sheet has not been <led before the competent Court, thus, this Court is inclined to grant regular bail to the present applicant on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant –Manoj Kumar Dewangan, involved in Crime No. 277/2026, registered at Police Station Purani Bhilai, District Durg (C.G.), for the o>ences punishable under Sections 111, 112, 303(2), 303(3), 317(4), 317(5), 319(2), 336(3), 338, 343(2), 61(2) (a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties, in the 5 like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall <le an undertaking to the e>ect that he shall not seek any adjournment on the dates <xed 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 <xed, either personally or through his counsel. In case of his absence, without suDcient 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 <xed 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 <xed 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 6 deliberate or without suDcient 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. 9. ODce is directed to send a certi<ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal