1 2025:CGHC:4042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 112 of 2025 Saifan Khan S/o Rashid Khan Aged About 30 Years R/o Near Saragband Talab Katghora, Thana Katghora, District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Bango, Distt. Korba Chhattisgarh ---- Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.01.2025 1. The applicant has preferred this application under Section 482 of BNSS for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 160/2024, registered at Police Station – Bango, District – Korba (C.G.) for alleged commission of offence punishable under Sections 331(4), 309(4), 310(2), 317(2), 3(5) of B.N.S. 2. The case of the prosecution, in brief, is that on 31.08.2024, the complainant namely Jayesh Mishra has lodged the written report against the unknown person stating that the unknown person made KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 theft of battery, water pump and Iron plate from camp on 31.08.24. Thereafter police has lodged the F.I.R. against the unknown person and after investigation police arrested Ravindra Acharya on 04.09.2024, on the basis of memorandum of Ravindra Acharya other co-accused person and present applicant have been implicated in this case for the aforementioned offence. 3. The learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits the applicant is young boy aged about 30 years and at the time of incident the applicant was not present on the spot. Only on the basis of memorandum statement of co-accused person, the present applicant has been made accused in this case and the article has not been seized from the possession of applicant. He further submits that the complainant has lodged F.I.R. against one unknown person and stated that three persons were present on the spot but police has lodged F.I.R. against the 10 persons without any sufÏcient material and the investigation has been completed and charge sheet has been filed and the article has been sized from other co-accused person. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court. 6. Considering the facts and circumstances of the case, nature and gravity of the offence levelled against the applicant and further the 3 fact that the applicant, along with co-accused persons, allegedly committed theft i.e. 4 batteries, 2 water pumps, and 80 iron plates worth approximately ₹1.5 lakhs and in the present case, the applicant is also involved in this case, thus this Court is of the opinion that it is not a fit case to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Saifan Khan, filed under Section 482 of BNSS, involved in Crime No. 160/2024, registered at Police Station – Bango, District – Korba (C.G.) for alleged commission of offence punishable under Sections 331(4), 309(4), 310(2), 317(2), 3(5) of B.N.S, is rejected. Sd/- (Ramesh Sinha) Chief Justice Kunal