1 2025:CGHC:46654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1307 of 2025 Mo. Sarfaraj Ahmad S/o Mohammad Salim Dhuniya, Aged About 43 Years, House No. 1006, Kashinagar, Naayr Mohalla, Ward No. 20, Korba, District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through District Magistrate Korba, District Korba (C.G.) ... Respondent For Applicant : Shri Suryapratap Yuddhveer Singh, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 11/09/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Criminal Case No.309/2025 pending before CJM, Dist. Korba (C.G.) for alleged commission of offence punishable under Sections 4(1)(A) & 21(1) & 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.12 18:42:19 +0530 2 2. Case of the prosecution, in brief, is that on 18.10.2023, a mines & minerals constable stopped vehicle CG12-AQ-6165 for inspection in Dumardih, Korba, and found three cubic meters of mineral sand loaded in the vehicle. The driver identified the applicant as the owner of the vehicle. As a result, a complaint was filed by the Korba District Mineral Officer before Chief Judicial Magistrate Korba, Dist. Korba stating that the applicant violated the Section 4(1)(A) and committed offences under Sections 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957. 3. Learned counsel for the applicant submits that the applicant had not committed any offence and has been falsely implicated in the crime in question and the applicant is the only proprietor of the vehicle and is not consistently apprised by the drivers concerning the precise quantity of minerals or other substances being transported via the vehicle and in the present matter, the applicant was entirely unaware of both the volume and the nature of the mineral or other substances being carried at the relevant time. He would submit that there is no concrete material on record to suggest that the applicant has any intention to evade the process of law or to flee the jurisdiction if released on bail and the applicant has cooperated with the investigation. He would further submit that the matter is at pre-trial stage with investigation/recording of statements and collection of documents and continued detention is not necessary for the purpose of investigation; essential evidence can be collected through proper process even if the applicant is on bail, therefore he prays to enlarge the applicant on anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and he has pointed out that the applicant has five criminal antecedents of similar nature, one of which pertains to the year 2021, the other to the year 2022 and remaining three to the year 2023 and the vehicle in question was involved in transportation of sand of illegal mining, therefore, he is not entitled to be granted anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the fact that applicant has five criminal antecedents of similar nature pertaining to year 2021, 2022 & 2023 and the same vehicle in question was involved in transportation of sand of illegal mining several time, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Mo. Sarfaraj Ahmad, in connection with Criminal Case No.309/2025 pending before CJM, Dist. Korba (C.G.) for alleged commission of offence punishable under Sections 4(1)(A) & 21(1) & 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957 is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri