1 2025:CGHC:6138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 172 of 2025 Balramkant Sahu S/o Late Feruram Sahu Aged About 40 Years Occupation- Businessman, R/o Village- Tumgaon, Police Station- Tumgaon, Tahsil And District- Mahasamund (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Out Post- Sirpur, Police Station- Tumgaon, District- Mahasamund, Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 03/02/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 for grant of anticipatory bail, apprehending his arrest in connection with Crime No.101/2024, registered at Police Station Tumgaon, District- Mahasamund (C.G.) for alleged commission of offence punishable under Sections 379 of the Indian Penal Code (In short, IPC) and Section 21 of the Mines and Minerals (Development & Regulation) Act. 1957. 2. As per the case of the prosecution, the Mining Officer filed a written report at the Tumgaon Police Station alleging therein that there was a complaint of illegal sand mining in the village of Kediadih. Upon investigation, a chain mountain machine was found in a suspicious condition near Mahanadi river, which was sealed. On 23.06.2024, an inspection of the excavation site was conducted in the presence of villagers, and it was found that the owner of the sealed chain mountain machine, Balram Kant Sahu, was involved in illegal sand mining and transporting it to his storage site in Amalor without government permission. This resulted in a revenue loss of Rs 7,720/- to the government, including royalty and other taxes. Based on the Mining Officer's report, a First Information Report was filed against the applicant/accused under Sections 379 of IPC and Section 21 of the Mines and Minerals Act, 1957, at the Tumgaon Police Station, with crime number 101/2024. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely been implicate in the present case. He further submits that from bare perusal of First Information 3 Report (FIR) reveals that the offense was registered against them solely based on suspicion that some sand had been excavated. However, there is no eyewitness report, and the vehicle used for transportation is not mentioned in the report or seized by the police. Furthermore, the police registered the offense based on a complaint that sand was excavated from the Mahanadi river bank without paying royalty and other taxes. However, it cannot be said that the applicant committed this act, as the report is based on suspicion. The vehicle found near the spot belongs to the applicant, but no offense was committed by them, as neither the vehicle nor the sand was seized by the police. Additionally, no witness saw the sand being transported under the applicant's ownership. Therefore, the applicant is entitled to be released on bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicant indulged in illegal sand mining and transporting it to his storage site in Amalor without government permission, which resulted in a revenue loss of Rs 7,720/- to the government, including royalty and other taxes, further the applicant has 16 criminal antecedents, out of which, 8 are of the years 2010, 2011, 2013, 2014, 2015 and 2016 under the IPC and 8 are of preventive measures, which shows that he is a habitual offender, therefore, the anticipatory bail application of the applicant deserves to be rejected. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that he indulged in illegal sand mining and transporting it to his storage site in Amalor without government permission, which resulted in a revenue loss of Rs 7,720/- to the government, including royalty and other taxes, further the applicant has 16 criminal antecedents, out of which, 8 are of the years 2010, 2011, 2013, 2014, 2015 and 2016 under the IPC and 8 are of preventive measures, as such, he is a habitual offender, I am not inclined to grant anticipatory bail to the applicant. 7. 7. Accordingly, the anticipatory bail application of the applicant - Balramkant Sahu, involved in Crime No.101/2024, registered at Police Station Tumgaon, District- Mahasamund (C.G.) for alleged commission of offence punishable under Sections 379 of the Indian Penal Code (In short, IPC) and Section 21 of the Mines and Minerals (Development & Regulation) Act. 1957, is rejected. Sd/- (Ramesh Sinha) Chief Justice Akhil