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2026 DAILYLAW 15146 (CHH)

NIKHIL YADAV v. STATE OF CHHATTISGARH

MCRCA/66/2026 · 2026-01-12

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Judgment text

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1 2026:CGHC:2020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 66 of 2026 • Nikhil Yadav S/o. Shri Suresh Yadav Aged About 18 Years R/o. Ratakhar, Bajrang Chowk, Korba, Police Station And Tehsil And Korba, District - Korba (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station - Sakti, District - Sakti (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rishabh Dev Singh, Advocate For Respondent/State : Mr. Priyank Rathi, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/01/2026 1. This is first Anticipatory bail application filed by the applicant under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.447/2025 registered at Police Station – Sakti, District – Sakti (C.G.) for the offence punishable under Sections 303(2), 305(b) and 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that an FIR bearing Crime No. 447/2025 was registered at Police Station Sakti, District - Sakti, on 05.12.2025, the FIR was initially registered against unknown VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.15 11:20:37 +0530 2 persons. The name of the present applicant surfaced only during investigation on the basis of statements, without any independent corroboration. The copy of the FIR dated 05.12.2025 against the applicant is annexed herewith as ANNEXURE A/2. That, the complainant Santosh Kumar Sahu, resident of Village Bagbudwa, Police Station Sakti, District Sakti (C.G.), lodged a report on 05.12.2025 alleging that about 18 years ago his father Late Santaram Sahu had purchased a tractor-trolley, and on 02.12.2025 at about 06:30 PM he had parked the empty tractor-trolley in front of his house, which was found missing on the morning of 03.12.2025 at around 05:00 AM, thereafter despite search it could not be traced; on the said report, Crime No. 447/2025 was registered at Police Station Sakti initially against unknown persons under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, investigation was undertaken, spot map was prepared and statements of witnesses were recorded; during investigation, co-accused Om Pandey was apprehended and on the basis of his memorandum statement one Sonaliqa company tractor along with a green coloured trolley was seized, and subsequently, on the basis of statements of the complainant and other witnesses, the present applicant Nikhil Yadav was implicated in the offence and Sections 305(b) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 were added, on the allegation that he was involved in the commission of the said offence. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the crime was initially registered against unknown persons and the name of the applicant surfaced only during the course of investigation, without there being any 3 direct, independent or cogent evidence to establish his involvement in the alleged offence, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application and submits that on the basis of memorandum statement of other co-accused persons, present applicant implicated in crime in question. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence and allegation levelled against the present applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on anticipatory bail. 7. Accordingly, this bail application of applicant – Nikhil Yadav involved in Crime No.447/2025 registered at Police Station – Sakti, District – Sakti (C.G.) for the offence punishable under Sections 303(2), 305(b) and 3(5) of BNS, 2023, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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