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2026 DAILYLAW 1103 (CHH)

JAI SHANKAR YADAV v. STATE OF CHHATTISGARH

MCRCA/223/2026 · 2026-02-10

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Judgment text

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1 2026:CGHC:7663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.223 of 2026 Jai Shankar Yadav S/o Rajkumar Yadav Aged About 29 Years R/o Swarmangla Road, Korba, Tahsil And District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Balco Nagar, Korba, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 11.02.2026 1. The Applicant has preferred this 1st anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.12 19:38:14 +0530 2 apprehending his arrest in connection with Crime No.17/2026, registered at Police Station – Balco Nagar, Korba, District Korba (C.G.) for alleged commission of offence punishable under Sections 305A, 62 and 3(5) of BNS. 2. As per the prosecution case, in brief, on 05.01.2026 the complainant, Pradeep Singh lodged a written report against an unknown person alleging theft of raw material, iron angles and scrap material weighing approximately 500 kilograms, valued at about Rs.14,000/-, from vehicle No. CG-12S-2309. On the basis of the said report, a Crime was registered for the offences punishable under aforementioned Sections and after investigation, the police have sought to implicate the present Applicant in the said offence. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case, having no connection with the alleged offence. It is further submitted that the Applicant is an auto driver earning his livelihood by running his auto for public transport and due to a prior quarrel between the Applicant and a police personnel, the police are attempting to implicate and arrest him in the present matter. It is also submitted that the name of the Applicant does not find place in the FIR and the case is 3 triable by the Judicial Magistrate First Class. Lastly, it is submitted that the Applicant reserves his right to raise additional grounds at the time of hearing and there is no likelihood of his absconding or tampering with the prosecution evidence, therefore, it is prayed that the Applicant may be extended the benefit of anticipatory bail. 4. Opposing the prayer for anticipatory bail, learned Counsel for the State submits that the investigation is still in progress and material collected during investigation prima facie discloses the involvement of the Applicant in the alleged offence. It is further submitted that custodial interrogation of the Applicant is necessary for effective investigation, therefore, the application deserves to be rejected. 5. Upon hearing learned Counsel for the parties and perusing the case diary, this Court observes that the investigation into the alleged offence is still ongoing and is at a nascent stage. The material collected so far prima facie indicates the involvement of the Applicant in the commission of the offence, including the alleged theft of valuable raw material. Considering the seriousness and nature of the allegations, particularly the loss caused and the circumstances in which the offence is alleged to have been committed, custodial 4 interrogation of the Applicant is necessary for proper and effective investigation. Granting anticipatory bail at this stage would, therefore, impede the investigative process and may prejudice the collection of evidence. In view of the above and in the interest of justice and public safety, this Court finds it appropriate to decline the prayer for anticipatory bail. 6. Accordingly, the bail application of the Applicant – Jai Shankar Yadav, filed under Section 482 of the BNSS, 2023 in connection with Crime No.17/2026, registered at Police Station – Balco Nagar, Korba, District Korba (C.G.) for alleged commission of offence punishable under Sections 305A, 62 and 3(5) of BNS, is hereby rejected. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya