1 2026:CGHC:5275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 149 of 2026 • Amit Agrawal S/o Shri Sushil Kumar Agrawal Aged About 22 Years R/o Himalaya Heights, Boirdadar, Raigarh, Tahsil And District- Raigarh (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer - Police Station Gharghoda, Raigarh, District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hari Agrawal, Advocate For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2026 1. This is the First anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.332/2025 registered at Police Station – Gahrghoda, District – Raigarh (C.G.) for the offence punishable under Sections 303(2), 112(2), 61(2), 338, 336(3) and 3(5) of the Bhartiya Nyay Sanhita (for short, BNS) 2023. 2. The prosecution story, in brief, is that on 22.12.2025 at around 09.50 PM, the police of police station - Gharghoda intercepted the vehicle Trailer in which 20 tons coal was found to be transported by the [co- accused] Aadarsh Mahto and Akhil Lahre without valid and legal VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.02 10:50:59 +0530 2 documents. Thereupon, it was also found that the aforesaid vehicle Trailer in which 20 tons coal was being transported has although affixed a registration number plate CG-10-2601 but in actual it had a different registration number plate CG-10-R-1927. Thereafter, the co- accused accused persons in their Memorandum statement stated they were sent by the applicant herein had sent them to pick up illegal coal by affixing fraudulent number plates. Thereafter, the applicant herein came to know from the news published in daily news-paper "Kelo Prawah" that the aforesaid FIR was registered against Aadarsh Mahto, Akhil Lahre and the accused/applicant herein for the aforesaid offences, in which, the Police authorities are trying to arrest the applicant herein in aforesaid crime number. As such, the applicant had preferred an anticipatory bail before the Court below and vide order dated 02.01.2026, the Court below was pleased to reject the said application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the alleged truck bearing registration No. CG-10-R-1927 does not belong to the applicant but is owned by one Md. Abid Ansari, who had a monetary dispute with the applicant in relation to transport business. It is further submitted that when the said truck was intercepted by the authorities, the driver of the vehicle, in order to save himself, falsely named the present applicant and implication of the applicant is based solely on the statement of the driver, without any independent corroboration. Further more, no complaint regarding theft of the vehicle, nor any allegation of the applicant being in possession or custody of the said truck, has been lodged by the alleged owner against the applicant. Therefore, he prays for grant 3 of anticipatory bail to the applicant. 4. Learned counsel for the State has opposed the application; however, he has not disputed the fact that the vehicle in question stands registered in the name of a third party and that no complaint has been filed by the owner alleging misuse or unlawful possession by the applicant. 5. I have heard learned counsel for the parties and perused the records. 6. Considering the submissions made by learned counsel for the parties, the nature of the allegations, the fact that the vehicle is owned by a third person, the absence of any complaint by the registered owner against the applicant, and the material available on record, and without expressing any opinion on the merits of the case, this Court is of the considered view that custodial interrogation of the applicant is not warranted at this stage. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Amit Agrawal on executing a personal bond with 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 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 4 disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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