1 2026:CGHC:1460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 40 of 2026 1 - Ajay Goswami S/o Narad Goswami, Aged About 24 Years R/o Village House No. 514, Chunchuni Para, Gevra Basti, District- Korba (C.G.) 2 - Jitendra Giri Goswami S/o Bharat Giri Goswami Aged About 32 Years R/o Ward No. 14, Baloda District - Janjgri- Champa (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Tamnar, District- Raigarh (C.G.) ... Non-applicant For Applicants : Mr. Sushil Dubey, Advocate. For Non-applicant/State : Mr. Darmesh Shrivastava, Dy. A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.01.2026 1. The applicants have preferred the first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.170/2025, registered at Police Station – Tamnar District – Raigarh (C.G.) for the alleged commission of offence punishable under Sections 309(4), 309(6), 310(2) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.12 14:41:32 +0530 2 2. As per prosecution story in brief is that on 18.08.2025, the complainant Sanjay Patel lodged a written complaint at Police Outpost-Tamanar stating that he had purchased 4 trailer vehicles bearing registration numbers C.G.-12-BQ-0369, C.G.-12-BQ-0371, C.G.-12-BQ-0372, and C.G.-12-BQ-0373 in an auction from SBI Branch Korba in May 2025 and he was operating them through drivers under Sugoi Transport from 4/6 Gare Pelma Mines to DCPP. The vehicles had not yet been transferred in his name and were still registered in the name of the previous owner, Aman Goswami. On the night of 17.08.2025 at about 11:30 to 18.08.2025 at about 02:45 hours, Accused Aman Goswami along with others co-accused persons came and tried to forcefully take away the aforesaid vehicles' possession from the drivers and had taken away the vehicles. On the basis of the aforesaid report of the complainant, a case was registered at Police Station-Tamanar as Crime No. 170/2025 against accused Aman Goswami and others under Sections 309(4) and 309(6) of the Bharatiya Nyaya Sanhita and during investigation, since it was found that the accused persons Narad Goswami, Aman Goswami, Jitendra Giri, Manish Prakash Kewat, Lekhram Kewat, Ramratan Patel, and Kunjaram Patel, along with co-accused persona/present applicant, had jointly committed the offence, Section 310 (2) of the Bharatiya Nyaya Sanhita was added to the case. 3. Learned Counsel for the applicants submit that they are innocent persons and have been falsely implicated in the present case registered at Police Station Tamnar, District Raigarh (C.G.) in Crime No. 170/2025 under Sections 309(4), 309(6) and 310(2) of the BNS, 2023, as their names were added later only on the basis of mere 3 suspicion, whereas initially the FIR was registered against one Aman Goswami. It is further submitted that the prosecution story itself is doubtful since the vehicles in question have admittedly not been transferred in the name of the complainant and continue to stand in the name of the said Aman Goswami, raising serious questions about the alleged use of the vehicles by the present applicants. The applicants further place reliance on the fact that similarly placed co- accused, namely Jitendra Giri, has already been granted regular bail by the learned Additional Sessions Judge, Raigarh on 03.09.2025, and this Hon’ble Court has also granted regular bail to co-accused Narad Goswami and Ramratan Patel on 31.10.2025, thereby entitling the present applicants to the benefit of parity. It is also submitted that the applicants have no previous criminal antecedents, all the alleged offences are triable by the Magistrate, and the applicants are permanent residents of the address mentioned in the cause title, leaving no possibility of absconding or tampering with the prosecution evidence. The applicants undertake to abide by all the conditions imposed by this Hon’ble Court and are ready to furnish adequate security, therefore, they humbly pray for grant of bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicants. 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 the dispute, and the material available in the case diary, it is evident that there is prima facie material showing the involvement of the applicants 4 in a serious offence. It is further clear that while the charge-sheet has already been filed against the co-accused on 14.11.2025, the present applicants, Ajay Goswami and Jitendra Giri Goswami, have been absconding since 18.08.2025, thereby hampering the investigation and reflecting their intention to evade the process of law. In such circumstances, there exists a reasonable apprehension that if released on bail, they may again abscond or interfere with the course of justice by tampering with evidence or influencing witnesses. Therefore, considering the nature and gravity of the allegations, the prima facie evidence on record, and the conduct of the applicants, this Court finds no ground to extend the discretionary relief of anticipatory/regular bail, and accordingly, the bail application is rejected. 7. Accordingly, the anticipatory bail application of the applicants – Ajay Goswami & Jitendra Giri Goswami, involved in Crime No.170/2025, registered at Police Station – Tamnar District – Raigarh (C.G.) for the alleged commission of offence punishable under Sections 309(4), 309(6), 310(2) of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav