Order on Board

07.04.2022

1. Applicant has filed this second bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No.474 of 2021 registered at Police Station- Saraipali, District- Mahasamund, for offence punishable under Sections 379, 468, 471 & 120B of IPC with Section 42 of Forest Act, 1927.

2. First bail application came to be dismissed as withdrawn on 21.01.2022.

3. Case of prosecution is that on 22.12.2021 on secret information, Police intercepted Truck bearing No.RJ11GB-5063, during search of said truck, Police found that it was loaded with Khair wood. Upon asking, driver and helper of said truck, further informed that another Truck bearing No.RJ11GB-8698 (wrongly mentioned as 8693 in impugned order) is also loaded with same wood. Police went to the Truck and found it loaded with Khair wood. Upon weighing, it revealed that in the first Truck, 203 quintal and in the second Truck, 178 quintal Khair wood was loaded. Based on statement of driver and helper of Truck, one Avinash @ Sunny Chawla was arrested and his memorandum statement was recorded. At his instance also, 40 quintal of Khair wood was seized. Based on statement of Avinash @ Sunny Chawla, Sanjay Chhapdia was arrested. During course of investigation, one Majid Khan appeared before the Police stating that Owner of Trucks Shakeel Ahmed has executed Power of Attorney in his favour and on the basis of his statement, applicant was arrested in aforementioned crime on

29.12.2021.

4. Shri Akash Kundu, learned counsel for the applicant would submit that applicant not connected in any manner in commission of aforementioned crime. Applicant is running transport business in name of Deepak Cargo Carrier and residing in Raipur. Supplier of alleged Khair wood by name Avinash @ Sunny Chawla and Sanjay Chhapdia (co-accused) in their statement have not taken name of applicant that applicant was having some dealing of transporting Khair wood with them. They only stated that they were transporting Khair wood to Raipur. Learned counsel further submits that statement of Majid Khan recorded under Section 161 CrPC prima facie appears to be suspicious. He is not an employee of Shakeel Ahmed, owner of Trucks nor supervising or looking after his business. But in his statement, he stated that he is running business of sales of Automobile parts. Hence, he could not have any knowledge with respect to booking of vehicles, owned by Shakeel Ahmed. Except statement of Majid Khan, there is no other evidence or material in the case diary/charge-sheet, connecting applicant to the alleged offence. Applicant is in jail since 29.12.2021, hence he may be released on regular bail.

5. Shri Gurudev I Sharan, learned State counsel on the other hand opposes the submissions made by learned counsel for the applicant and submits that precious Khair wood was being illegally loaded on the Trucks for transporting. Co- accused Avinash @ Sunny Chawla was also found in illegal possession of Khair wood. Total value of Khair wood is Rs.1,05,25,000/-. Majid Khan in his statement, has specifically taken name of applicant that both Truck have been booked by applicant, which prima facie shows his involvement in commission of aforementioned crime. Hence, applicant is not entitled for regular bail. He also submits that bail application of other two co-accused namely, Avinash @ Sunny Chawla and Sanjay Chhapdia was dismissed by co-ordinate Bench of this Court.

6. I have heard learned counsel for the parties.

7. Taking into consideration facts and circumstances of the case, nature of allegation levelled against applicant, submission of learned counsel for the parties, that in statement of Majid Khan recorded under Section 161 of CrPC, he stated that he is engaged in running business of sale of Automobile parts and there is no mention that he is also looking over business of Shakeel Ahmed (owner of Trucks), from which Khair wood was seized by Police, and there is no other