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2025 DAILYLAW 40113 (CHH)

SHEIKH IMRAN v. STATE OF CHHATTISGARH

MCRCA/1250/2025 · 2025-08-17

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Judgment text

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1 2025:CGHC:41577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1250 of 2025 Sheikh Imran S/o Sheikh Ismile Aged About 36 Years R/o Village - Darri, Police Station - Darri, District - Korba Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Katghora, District Korba Chhattisgarh ...Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2025 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. 94/2025, registered at Police Station Katghora, District - Korba (C.G.) for the offence punishable under Sections under Sections 331(4) & 305(a) of BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 13:14:11 +0530 2 2. The prosecution story in brief is that on 08.03.2025 the complainant Rajkumar lodged report at Police Station, Katghora, alleging therein that some unknown person has broken the lock of Store Room and stolen copper wire belonging to SECL Bagdeva Mines amounting to Rs. 30,000/-. On the basis of above report, the offences were registered against unknown person and during course of investigation, the accused Kishore Joshi was taken into custody and her memorandum statement was recorded, in which, he stated that he along with one Golu @ Imran have stolen the copper wire. On the basis of said memorandum, he police has also proceeded to arrest the present applicant. 3. The applicant is innocent and has been falsely implicated in the present case solely on the basis of the memorandum statement of co- accused Kishore Joshi, wherein the name of “Golu @ Imran” was mentioned, while the applicant’s name is Sheikh Imran. The essential ingredients of the alleged offences are not attracted against him. The applicant is a reputed person and apprehends that his arrest would cause irreparable damage to his reputation. He is a permanent resident of the address mentioned in the cause title, possessing both movable and immovable property, and there is no likelihood of his absconding. He is also ready to abide by all conditions that may be imposed by this Hon’ble Court while granting bail. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. From the case diary, it is revealed that on 08.03.2025, a report was lodged at Police Station Katghora regarding theft of copper wire from the store room by unknown persons using vehicle No. CG-12-R-1683. During investigation, co-accused Kishore Joshi was arrested and in his memorandum statement he admitted committing theft along with the present applicant Golu @ Sheikh Imran, and on that basis the said vehicle was seized and it was further disclosed that the stolen wire was taken by the applicant. This prima facie shows involvement of the applicant in the crime. Considering the nature and gravity of the offence and the role attributed to the applicant, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the bail application of the applicant – Sheikh Imran, involved in Crime No. 94/2025, registered at Police Station Katghora, District - Korba (C.G.) for the offence punishable under Sections under Sections 331(4) & 305(a) of BNS 2023, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav