1 2026:CGHC:1276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 28 of 2026 • Aman Baishander S/o Jitendra Baishander Aged About 28 Years R/o- O/4, 116, Shatabdi Puram, Sector, Gwalior District- Gwalior (M.P.) ... Applicant versus • State of Chhattisgarh Through Station House Officer Police Station Basantpur District- Rajnandgaon (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Prateek Singh Thakur, Advocate For Respondent/State : Mr. Priyank Rathi, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2026 1. This is 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.257/2025 registered at Police Station – Basantpur, Bhilai District- Rajnandgaon (C.G.) for the offences punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2)of BNS, 2023 and Section 21 of Mines and Minerals Development Act and Sections 25, 27 of Arms Act. 2. Prosecution case in brief is that in brief, is that on 11.06.2025 the villagers of Village Mohad came to know about illegal sand theft from VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.12 11:10:14 +0530 2 the nearby river. When complainant JitendraSahu and other villagers reached the spot, they saw a JCB followed by two cars. When they tried to stop the vehicles, the JCB driver did not stop. After the villagers forcibly halted the JCB, the persons in them with dire the cars allegedly consequences and abused them. It is further alleged that these persons assaulted the villagers with hands, fists, and sticks, and one person fired from a pistol-like weapon, causing a bullet injury to JitendraSahu, along with other injuries to villagers. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the Medical records clearly show that the injuries sustained by the complainant and other witnesses were simple in nature, and all were discharged on the same day. The absence of any grievous injury demonstrates that no serious or heinous offence occurred, rendering the applicant's continued detention disproportionate and unnecessary. Furthermore, no weapon or incriminating material has been recovered from the applicant at any stage of the investigation. There is no evidence connecting him with any act of assault, firing, or illegal mining. The complete lack of recovery or material evidence establishes that his detention is based merely on suspicion and conjecture. He also submits that the identically situated co-accused, namely, Abhinav Tiwari, has already been granted bail by this Court vide order dated 24.09.2025 in MCRC No.7726 of 2025. The applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to have been actively present at the scene of illegal sand mining on 11.06.2025 and to have participated in the assault on villagers. He is specifically accused of firing a shot from a pistol-like weapon during the incident, causing injury to the complainant and creating fear among the villagers. A memorandum statement also links him to the possession and use of a country-made firearm during the offence. He further submits that co-accused granted regular bail by this Court Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties, allegation levelled against the applicant and also considering the fact that co- accused persons granted regular bail by this Court it cannot be a ground to grant him anticipatory bail as such, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant– Aman Baishander filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.257/2025 registered at Police Station – Basantpur, Bhilai District-Rajnandgaon (C.G.) for the offences punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2)of BNS, 2023 and Section 21 of Mines and Minerals Development Act and Sections 25, 27 of Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali