1 / 3 2025:CGHC:35237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1073 of 2025 Prabhat Dubey S/o Late Ramshankar Dubey Aged About 32 Years Caste - Bramhan, R/o Ward No.-4, Nagar Panchayat Pali, District - Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Pali, District - Korba (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Srivastava, Advocate. For Non-Applicant/State : Ms. Subha Srivastava, Panel Lawyer. For Objector : Mr. Vijay Kumar Sahu, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.07.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 114/2024, registered at Police Station –Pali, District – Korba (C.G.) for the alleged commission of offence punishable under Sections 191(2),191(3) 190, 103(1), 61(2)(a) of the Bhartiya Nyaya Sanhita, and Sections 25 and 27 of the Arms Act. 2. The prosecution case in brief is that the informant, Anil Jaiswal, reported that his cousin, Anup @ Rohit Jaiswal, involved in the coal VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.28 16:54:10 +0530 2 / 3 lifting business, was assaulted and murdered by a group of accused persons at Saraipali Coal Mines on the night of 28.03.2025. The accused, including Roshan Singh Thakur and others, allegedly armed with pistols, swords, knives, and clubs, attacked the deceased after a quarrel, repeatedly assaulting him, which resulted in his death. The attack was reportedly motivated by a dispute over working rights in the coal mines, with some accused threatening that the deceased’s continued presence would prevent them from earning a livelihood. The incident was witnessed by several persons, including Harsh Jaiswal and Suraj Kashyap, one of whom, Dhani Jaiswal, was injured while trying to intervene. Following the complaint, police registered a case against sixteen accused, arrested them, seized weapons and mobile phones, recorded witness statements, and, after completing the investigation and post-mortem, filed the charge-sheet before the Judicial Magistrate First Class, Pali, District Korba (C.G. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant’s name is not mentioned in the FIR, which was registered against 16 accused persons, and that the applicant’s name came to light only during the course of the investigation. He also submits that a writ petition filed by the complainant party in WP(Cr.) No. 205 of 2025 resulted in the State filing a reply, which indicates that the presence of the applicant at the place of occurrence is doubtful. Moreover, the charge-sheet has already been submitted, and the applicant has been in custody since 29.03.2024, therefore, the present applicant is also entitled for grant anticipatory bail on the ground of parity. 3 / 3 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations leveled against the applicant, and the fact that an injured witness, namely Dhani Jaiswal, who is the cousin brother of the deceased, was also present at the scene and suffered simple injuries, his statement under Section 180 BNSS shows that the incident took place wherein the applicant, along with the co-accused persons, was armed with deadly weapons, and the deceased received injuries from a sharp-edged weapon resulting in death. In this case, the anticipatory bail of another co-accused, namely Surendra Singh Chauhan, was rejected by this Court in MCRCA No. 672 of 2025 vide order dated 08.05.2025. Therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Prabhat Dubey, involved in Crime No. 114/2024, registered at Police Station –Pali, District – Korba (C.G.) for the alleged commission of offence punishable under Sections 191(2),191(3) 190, 103(1), 61(2)(a) of the Bhartiya Nyaya Sanhita, and Sections 25 and 27 of the Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav