Citation : 2026 Latest Caselaw 1483 Chatt
Judgement Date : 9 April, 2026
1
VAISHALI
LUCKY 2026:CGHC:16447
NAGARIA
Digitally signed by
VAISHALI LUCKY
NAFR
NAGARIA
Date: 2026.04.09
HIGH COURT OF CHHATTISGARH AT BILASPUR
18:02:58 +0530
MCRCA No. 521 of 2026
• Kishan S/o Rajendra Aged About 25 Years Caste- Basor R/o Ward
No.9, Ghutri Dafai Shivpur Churcha P.S. Churcha Tahsil -
Baikunthpur District- Koriya (C.G.)
... Applciant(s)
versus
• State of Chhattisgarh Through The Police Station Churcha District-
Koriya Chhattisgarh,
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. Shivendra Deshmukh, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board
09/04/2026
1. This first anticipatory bail application under Section 482 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the
applicant, who is apprehending his arrest in connection with Crime
No.201/2025 registered at Police Station - Churcha, District: Koriya,
C.G. for the offence punishable under Sections 331(4), 305(e), 310(2)
of Bhartiya Nyay Sanhita, 2023.
2. Case of the prosecution, in brief, is that on 14.10.2025 complainant
and his co-workers went to their work place, the 56 label pump,
during their night duty. At that moment they heard the sound of
something being cut. The complainant and his co-workers went to
the scene and saw thus him. That about 10-12 persons were seen
with their face and mouth covered, who where holding sickles and
sticks. Those persons threatened the complainant and his colleagues
and made them sit at one place and in collusion, cut about 450
meters of cable wire with sickles and cutter and took it away, Guards
Jitendra Yadav and Sunil Barla informed that the applicant was
taken to Charcha East mine by applicant/accused Nitesh and other
co-accused Sunil Panika, Mangal alias Golu, Purushottam, Mohit,
Ayodhya, Sameer, Rajkumar, Kishan, Kabira, Shamsher, Suman
Panika and Suresh Panika it was alleged that they entered the mine
and cut and took awary the copper cable wire.
3. Learned counsel for the applicant submitted applicant is innocent
and has falsely been implicated in the present case. It is further
contended that there is no material on record to substantiate the
allegation against the present applicant. He further contended that
three co-accused persons, namely Purushottam @ Golar Basor,
Suresh Kumar Panika and Ayodhya Basor have preferred regular bail
application bearing MCRC No.1174/2026, MCRC No.1792 of 2026
and MCRC No.1473 of 2026 which were allowed by the common
order of this court on 12.03.2026 and other co-accused has already
been granted regular bail by this Court, therefore, he submits that
the present applicant is also entitled to be released on anticipatory
bail on the ground of parity.
4. On the other hand, learned State counsel, appearing for the non -
applicant/State, opposes the prayer for grant of anticipatory bail to
the applicant and submits that applicant has one criminal
antecedent bearing crime No.99 of 2024 for offence under Sections
458, 380, 332, 186, 153, 120-B, 395, 397 of the IPC and Section 25,
27 of Arms Act and 135 of Electricity Act. He could not disputed the
fact that three co-accused persons, namely Purushottam @ Golar
Basor, Suresh Kumar Panika and Ayodhya Basor have preferred
regular bail application bearing MCRC No.1174/2026, MCRC
No.1792 of 2026 and MCRC No.1473 of 2026 which were allowed by
the common order of this court on 12.03.2026 and other co-accused
has already been granted regular bail by this Court.
5. I have heard learned counsel for the parties and perused the
materials available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record,
considering the fact that applicant has one criminal antecedent and
co-accused persons have been granted regular bail does not, by itself,
constitute a valid ground for granting anticipatory bail to the present
applicant, therefore, this Court is of the opinion that it is not a fit
case to enlarge the applicant on regular bail.
7. Accordingly, this bail application of applicant - Kishan, involved in
Crime No.201/2025 registered at Police Station - Churcha, District:
Koriya, C.G. for the offence punishable under Sections 331(4), 305(e),
310(2) of Bhartiya Nyay Sanhita, 2023, is rejected at this stage.
8. Needless to say that the trial Court concerned is at liberty to proceed
and conclude the trial expeditiously.
9. 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
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