1 2026:CGHC:23036 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 754 of 2026 • Ajay Kumar S/o Shri Rajendra Sahu Aged About 45 Years R/o Ward No. 35, Subhash Colony, Doman Hill, Chirmiri, Police Station And Tahsil - Chirmiri, District Manendragarh-Chirmiri-Bharatpur Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, Police Station Khadgawan (Wrongly Mentioned As Police Station Podi), District Manendragarh-Chirmiri-Bharatpur Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Goutam Khetrapal, Advocate For Respondent(s) : Ms. 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.32/2026 registered at Police Station – Khadgawan, District: Manendragarh-Chirimiri-Bharatpur, C.G. for the offence punishable under Sections 316(2), 318(4), 317(2) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 07.03.2026 the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 18:20:07 +0530 2 complainant Rampratap lodged written report at Police Station, Khadgawan, alleging therein that the accused Vikas Jaiswal has obtained the Tractor & Trolley of the complainant and other persons for engaging the same in work for railway's at Jajawal Balrampur on monthly rent of Rs. 25,000/- each tractor & trolley, but the said Vikas Jaiswal has neither given the rent money to the complainant, nor returned the tractor & trolley. On query, the complainant came to know that the said Vikas Jaiswal with the help of other co- accused, have sold the tractor & trolley of the complainant to other person. On the basis of above report, the FIR was lodged against Vikas Jaiswal and subsequently the concerned police has proceeded to arrest the present applicant also. 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 basis for arrest or custodial interrogation. It is further submitted that the complainant has categorically stated in writing that he neither knows the present applicant nor had any transaction with him. The complainant has also executed an affidavit stating that he has not made any complaint against the present applicant and that the applicant has no connection whatsoever with the alleged transaction. Therefore, it is submitted that the applicant is entitled to the benefit of anticipatory bail. 3 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 has further filed an affidavit 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. 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. 4 (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 Vaishali