1 (MCRCA No. 559 of 2025) 2025:CGHC:18891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 559 of 2025 1 - Ashok Kushwaha S/o Devman Kushwaha Aged About 39 Years R/o Ward No. 3 Bazar Dafai Rajnagar Bhalmudi Rajnagar Koliyari Anuppur Ajaygarh (M.P.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Incharge, Police Station Tilda- Neora District Raipur (C.G.) --- Non-applicant(s) (Cause title taken from the case information system) For Applicant : Mr. Arun Kukreja and Mr. Karan Kumar Baharani, Advocates For State : Ms. Smriti Shrivastava, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.04.2025 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. 39/2024 registered at Police Station – Tilda-Newra, ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.04.26 10:17:23 +0530 2 (MCRCA No. 559 of 2025) District- Raipur, (C.G.) for the offences punishable under Section 407 of the Indian Penal Code. 2. Prosecution case, in brief, is that the complainant Vijay Sharma lodged an FIR before the Police Station Tilda-Newra, Raipur on 03.01.2024, stating that he had sent 23 tonnes 60 kg GI Pipe, worth about Rs.20,71,454/- in his truck number (UP 70/CT/5503) to Thagal Bazar, Imphal (Assam) through the applicant and after the departure of the truck, the applicant could not be contacted after 27.12.2023. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the applicant himself is a victim in the present case, as he was assaulted by four unknown persons on 27.12.2023 at about 10.30 PM and his truck, loaded with 23 tonnes of iron pipes, vehicle related documents, identity card, mobile and Rs.3000/- cash were looted. The applicant was kept hostage by the above mentioned unknown persons in a house at an unknown place for three days and on 30.12.2023 at around 10.00 PM, they left him near Police Station Garhwa (Jharkhand) and fled away. The applicant tried to file complaint at the police stations – Garhwa (Jharkhand) and Ramnagar (Anuppur), which was not accepted. He would further submit that the applicant is the sole bread runner of his family and if he gets arrested, his family will 3 (MCRCA No. 559 of 2025) suffer. The applicant is ready to abide by all the directions and conditions, which may be imposed by this Court while granting anticipatory bail. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing for the non- applicant oppose the grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and also considering the allegations levelled against him and material available on record, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Ashok Kushwaha, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on anticipatory bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. 4 (MCRCA No. 559 of 2025) (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice @d!t!