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2026 DAILYLAW 15616 (CHH)

NARENDRA KUMAR KESHARWANI v. STATE OF CHHATTISGARH

MCRCA/94/2026 · 2026-01-15

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Judgment text

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1 2026:CGHC:2806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 94 of 2026 • Narendra Kumar Kesharwani S/o Late Mahendra Kesharwani Aged About 40 Years R/o Bajrang Chauk, Ratakhar Korba, Thana/tahsil- Korba, Distt. Korba C.G. ... Applicant versus • State of Chhattisgarh Through Police Station- Sakti, Distt.- Sakti C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Samir Singh, Advocate For Respondent/State : Mr. Vinod Kumar Tekam. Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/01/2026 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 on 02.12.2025 at about 06:30 PM he had parked the empty tractor-trolley in front of his VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.19 17:48:59 +0530 2 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, FIR has been registered. 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 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 and bail application of one co-accused namely Nihil Yadav has already been rejected in MCRCA No.66 of 2026 vide order dated 13.01.2026. 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 and bail application of one co-accused namely Nihil Yadav has already been rejected in MCRCA No.66 of 2026 vide order dated 13.01.2026, this Court is of the opinion that it is not a fit case to enlarge the applicant on anticipatory bail. 3 7. Accordingly, this bail application of applicant – Narendra Kumar Kesharwani, 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