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2026 DAILYLAW 19172 (CHH)

SAJID KHAN v. STATE OF CHHATTISGARH

MCRCA/710/2026 · 2026-05-11

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Judgment text

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1 2026:CGHC:22318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 710 of 2026 • Sajid Khan S/o Jabir Khan Aged About 26 Years R/o Village Raikera, Police Station - Seetapur And District Sarguja Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through The S.H.O. Of The Police Station Kharsiya District Raigarh Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Abhishek Saraf, Advocate For Respondent(s) : Mr. Shaleen Singh Baghel, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/05/2026 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.183/2026 registered at Police Station – Kharsiya, District: Raigarh, C.G. for the offence punishable under Sections 318(4) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 20-04-2026 Complainant Atul Kumar Agarwal submitted a written complaint at Kharsiya police station stating that his owned car Creta No. CG 11 AL-1008 Due to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.14 11:28:03 +0530 2 ongoing construction work in the house so he had parked the car near his neighbor Laxminarayan's house. Upon inspection on 12-04- 2026, both the front and rear number plates were missing, which was reported to the Chhal police station. 17-04-2026, the Complainant's brother, Ashish Agarwal, called to inform him that his car was parked near the Madanpur Gabel petrol pump. He, along with his companions, went there and saw that the Creta parked on the roadside, where the driver and other occupants alighted and fled. The applicant suspects that someone has used his car's number plate fraudulently to commit a fraudulent act or commit a crime, Based on the applicant's information, Crime No. 183/2026 was registered at Kharsia police station, and the case was taken up for investigation. During the investigation, the suspicious car was seized. Two number plates in the car were found in the middle seat of the Creta car on which CG 15 DF-2101 was written, and on the basis of the written complaint offence under Section 318(4) of the Bhartiya Nyay Sanhita. registered at Police Station Kharsiya District Raigarh (C.G.). 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case and as per the prosecution story itself reveals that the allegations leveled against the applicant is false and frivolous. It is further contended that on 17-04- 2026, the applicant’s driver was proceeding towards Bilaspur via Kharsia in vehicle bearing registration No. CG 15/DF 2101. Near Village Bargarhkhola, the vehicle accidentally collided with an electric pole, resulting in an accident. Following the incident, certain villagers gathered at the spot and began harassing the driver while demanding compensation. Owing to fear and the tense situation, the driver 3 abandoned the vehicle at the scene and fled for his safety. Thereafter, upon searching for the vehicle, the applicant’s father came to know that the Kharsia Police had registered an FIR against the driver in Crime No. 183/2026 for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS). He also submits that applicant has no criminal antecedent therefore, present applicant is also entitled to be released on bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail and submits that applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that applicant has no criminal antecedent therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sajid Khan 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 4 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 Vaishali