Order on Board

10/12/2024

1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 165/2024 registered at Police Station Chhal, District- Raigarh (C.G.) for the offence punishable under Sections 305(E), 331(4), 316(3), 316(4), 336(3), 338, 340(2), 3(5) of Bhartiya Nyaya Sanhita and Section 3(2) of Prevention of Damages to Public Property Act

1984.

2. The earlier bail application of the applicant was dismissed as withdrawn, passed by this Court being MCRC No. 6714/2024, vide order dated 20.11.2024. Hence this Second bail application.

3. Case of the prosecution, in brief, is that on 01.09.2024, the Security In-Charge of BNS SECL, Sub-Area Chhal namely Nanki Babu Sidar has lodged an F.I.R. before the concerned Police Station, stating therein that in Chhal Open Cast Mines on 31.08.2024 at night shift, two unauthorized trucks bearing vehicle No, CG-11-BJ- 7600 and CG-11-BJ-7597 entered in the mines premises without proper RFID card and after having loaded the coal in the truck, while on their way to exit through the boom barrier, on checking of proper papers and ID Card by the Wave Bridge Clerk, it was found that the drivers of the trucks were not in possession of proper RFID as such were immediately stopped and the Wave Bridge Clerk informed this matter to In-Charge OfÏcer (Dispatch). The inquiry regarding the entry of such vehicles without proper clearance is on progress. On the basis of this report, complaint has been registered against the accused persons for offence under Sections 305(e) of the Bhartiya Nyay Sanhita 2023 and during investigation, i.e., applicant and co-accused. As Crime No. 165/2024 and during the investigation Section 305(E), 331(4), 316(3), 316(4), 336(3), 338, 340(2), 3(5) of BNS and Section 3(2) of Prevention of Damages to Public Property Act 1984, were added while filing charge-sheet against the accused persons including present applicant.

4. As per the further case of prosecution, the memorandum statement of co-accused in the offence Wahid Khan and another Umesh Ram was recorded and as per the same, the applicant Neeraj Kumar Thakur posted in S.E.C.L. Sub-area Chhal Raigarh as General Mazdoor Category-I and Praveen Kasture posted as C.D.S. operator at Entry Gate Boom Barrier and Weighing House and it was their responsibility to check the incoming and outgoing vehicles and specifically it was the role of the applicant to check the RFID card to allow the vehicles to enter the mines premises but on the basis of fake loader RFID the trucks of number CG-11-BJ-7600 and CG-11-BJ-7597 entered the mines premises. It is alleged on the basis of memorandum that as a part of the criminal conspiracy with the co-accused, share of Rs.10,000/- per vehicle was decided to allowing entry of vehicles illegally. It is the allegation against the present applicant that he has let the trucks to enter illegally by means of fake loader RFID from Boom Barrier No.1. Hence, the aforesaid offences were registered against the accused persons.

5. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the earlier bail application of the applicant has dismissed as withdrawn by this Court in MCRC No. 6714/2024, vide order dated 20.11.2024 on the ground that certain other offences has been added in the charge-sheet therefore, he has withdrawal his bail application. He further submits that from perusal of the FIR itself would reflect that the same does not disclose any offence as alleged against the present applicant and it is admittedly the case of prosecution where the alleged truck entered on the basis of fake loader RFID which was already in possession of the truck drivers and without any intervention or role of applicant any person having Loader RFID can enter the premises by placing the same at Boom Barrie