1 2025:CGHC:42430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1261 of 2025 Guru Prasad Gautam S/o Arvind Prasad Gautam Aged About 39 Years R/o Aasma City Sakri District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Koni, District - Bilaspur (C.G.) ... Respondent For Applicant : Shri Praveen Kumar Sharma, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/08/2025 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.345/2025 registered at Police Station – Koni, District Bilaspur (CG) for the offences punishable under Sections 3(5), 316(3) of BNS 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.22 17:55:53 +0530 2 2. Case of the prosecution, as per the FIR dated 31.07.2025 is that complainant Santosh Singh Thakur submitted a written complaint on 31.07.2025 at PS Koni Bilaspur that on 27.07.2025 vehicle no. CG-04- PA-8255 has loaded coal of weight 38.910 MT to transport it from Gevra mines to Phill coal pvt. Ltd. Ghutku Bilaspur. When it reached to the destination then it found that the driver of the said vehicle has mixed the coal by low quality of coal with the help of the owner of the Jai Bajrangbali traders village-Hardi District Bilaspur. 3. It has been argued by learned counsel for the applicant that earlier also the complainant of the present case had lodged an FIR against the applicant and owner of the two vehicles. It is stated that the applicant was granted regular bail in the said case and because of the previous animosity present FIR has also been lodged levelling frivolous allegation. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of allegation levelled against the applicant, also considering the fact that earlier also the complainant of the present case had lodged an FIR against the applicant and owner of the two vehicles and the applicant was granted regular bail in the said case, therefore, I am inclined to grant anticipatory bail to the present applicant. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Guru Prasad Gautam, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on 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. (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 his 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri