1 2026:CGHC:23035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 756 of 2026 1 - Ajay Kumar Son Of Shri Rajendra Sahu, Aged About 45 Years Resident Of Ward No. 35, Subhash Colony, Doman Hill, Chirmiri, Police Station And Tahsil- Chirmiri, District- Manendragarh-Chirmiri- Bharatpur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Pondi (Wrongly Mentioned As Khadgawan), District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Resham Lal Jaiswal, Advocate For Respondent(s) : Mr. Vaishali Mahilong, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/05/2026 1. This 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.45/2026 registered at Police Station – Pondi, District: Manendragarh-Chirimiri-Bharatpur, C.G. for the offence ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 punishable under Sections 316(2), 318(3), 317(5) & 3(5) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 08.03.2026, the complainant, Chhabilal, lodged a written report at Police Station Pondi alleging that accused Vikas Jaiswal had taken the tractor and trolley belonging to the complainant and other persons on the assurance that the same would be engaged in railway work at Jajawal, Balrampur, on a monthly rent of Rs.20,000/- for each tractor and trolley. It is alleged that the said Vikas Jaiswal neither paid the agreed rent amount nor returned the vehicles. Upon inquiry, the complainant allegedly came to know that Vikas Jaiswal, in connivance with other co-accused persons, had sold the tractor and trolley of the complainant to third parties. On the basis of the aforesaid report, an FIR came to be registered against Vikas Jaiswal and, during the course of investigation, the present applicant was also arrested by the concerned police authorities. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that there is no direct evidence, documentary evidence, recovery or seizure connecting the applicant with the alleged offence. The implication of the applicant is solely based on the memorandum statement of co-accused Vikas Jaiswal, which has weak evidentiary value and cannot by itself form the 3 basis for arrest or custodial interrogation. It is further submitted that the complainant has categorically stated that he neither knows the present applicant nor had any transaction with him. Therefore, it is submitted that the applicant is entitled to the benefit of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the submissions advanced by learned counsel for the applicant, particularly the fact that there is no direct evidence, documentary evidence, recovery or seizure connecting the applicant with the alleged offence and that the implication of the applicant is based solely on the memorandum statement of co- accused Vikas Jaiswal, coupled with the fact that the complainant has categorically stated that he neither knows the applicant nor had any transaction with him and stating that no complaint has been made against the present applicant, this Court is of the opinion that custodial interrogation of the applicant does not appear necessary at this stage. Accordingly, without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ajay Kumar on executing a personal bond and 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 disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card along with a coloured 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 Saxena