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2026 DAILYLAW 11672 (CHH)

SHIVMURAT CHARMKAR v. STATE OF CHHATTISGARH

MCRCA/293/2026 · 2026-02-23

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Judgment text

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1 2026:CGHC:9558 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 293 of 2026 1 - Shivmurat Charmkar S/o Rambhajan Aged About 55 Years Post Mining Sardar, S.E.C.L. Charcha West Colliery, R/o Charcha Colliery, P.S. Charcha, District Koriya Chhattisgarh 2 - Mithlesh Kumar Panjiyara S/o Dev Kumar Panjiyara Aged About 42 Years Post - Overmen, S.E.C.L. Charcha West Colliery, R/o House No. Typer 3/22, Ward No. 08, Officers Colony, Shivpur, Charcha, District Koriya Chhattisgarh 3 - Manish Kumar S/o Shailendra Kumar Aged About 31 Years Post Mining Engineer (Supervisor), J.M.S. Mining Private Limited, Charcha West, Permanent R/o New Godam Pahsi Lane, Post - New Godam Gaya, District - Gaya Bihar, At Present R/o Chhindarh, Baikunthpur, District Koriya Chhattisgarh ... Applicants versus 1 - State of Chhattisgarh Through S.H.O., Police Station - Charcha, District - Koriya Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Pushkar Sinha, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.25 11:12:54 +0530 2 applicants, who are apprehending their arrest in connection with Crime No.11/2026 registered at Police Station – Charcha, District : Koriya, (C.G.) for the offences punishable under Sections 106(1), 3(5), 318(4), 336(1), 338, 340(2) of Bhartiya Nyay Sanhita, 2023 (BNS). 2. As per the prosecution’s case, in brief is that the deceased Digeshwar Singh was working as contractual labour at S.E.C.L, Charcha. On 22.04.2025 when he was working in Charcha mines at that time he received grievous injuries and later on died. Upon merg intimation inquiry has been carried out and during investigation it revealed that due to the negligence of S.E.C.L management the deceased has been died. In investigation this facts also came that the deceased had no prior experience of working in a mine and had not been provided with mandatory safety training. However, M/s Dubey and Company, Bijuri produced fabricated documents showing completion of 12days V.T.C training. During investigation it revealed that the said certificate was fraudulently prepared by the accused Anil Kumar Sonakpuriya (V.T.C. Officer) and sign by the accused Simranjeet Singh (Mine Superintendent). Therefore, offence has been registered at Police Station Charcha under section- 106 (1), 3 (5), 318 (4), 336 (1), 338, 340 (2) of B.N.S. and investigation is ongoing. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in this case and the work of applicants are related the inspection or supervision work related to workmen who were working at mines and the co-accused Simarjeet Singh and Anil Kumar Sonakpuria having the work of documentation and they kept the document related with workmen, so no forged documents has been prepared by applicants or used it anywhere. He also submits that two co-accused persons in the same FIR have 3 already been granted anticipatory bail by this Hon’ble Court vide order dated 20.02.2026 in MCRC No. 281/2026. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the applicants and submits that applicants have no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, and the material placed on record, submissions made by learned counsel for the parties and co-accused persons have already been granted anticipatory bail by this Hon’ble Court vide order dated 20.02.2026 in MCRC No. 281/2026, and apart from these cases, there are no other criminal antecedents against them. Hence, I am inclined to grant anticipatory bail to the present applicants on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Shivmurat Charmkar and applicant No.2- Mithlesh Kumar Panjiyara and applicant No.3 Manish Kumar, 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 4 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 Vaishali