1 2026:CGHC:24791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 886 of 2026 • Sanjay Hanuman Mandhaniya S/o Hanuman Mandhaniya, Aged About 53 Years R/o B-1 6th Floor, Prithvi Apartment, 21, Almount Road, Cambala Hills, Mumbai (Maharashtra) ... Applicant(s) versus • State of Chhattisgarh Through Regional Officer, Environment Protection Board T V Tower Road, Raigarh, District- Raigarh (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ashish Gupta, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 18/06/2026 1. This 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 Complaint Case No.03/2025 pending before learned Judicial Magistrate, First Class, Raigarh, District – Raigarh (C.G.) for offence under Sections 15, 16 of the Environment Protection Act, 1986 and 37, 40 of the Air (Prevention and control of pollution) Act, 1981, 44, 47 of the Water (Prevention and control of Water Pollution) Act, 1974. 2. Prosecution case, in brief, is that, 5) That as per prosecution case- upon complaint filed by the M/s T.R.N. Energy Bhengari regarding VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.19 19:46:20 +0530 2 dumping of flying ash Sub Divisional Officer (Revenue) Ghargoda upon spot inspection in the presence of Tahsildar Gharghoda, Halka Patwari and worker of fly ash company it was found that at village Chhotemuda land bearing Khasra No. 299 area 0.514 hectare, demarcation of fly ash dumping has been done and the said land is in the name of Manuram son of Karra and the adjacent land shown as government land bearing area 0.248 hectare flying ash has been dumped. Manuram had made an application before the Regional Environment officer, Raigarh for dumping fly ash but in the spot inspection it was found that the fly ash has been dumped in the government drainage/Govt. land and the report of the same has been sent to the collector, Raigarh by the Sub Divisional Office and upon the direction of the Collector the complaint has been filed by the department before the J.M.F.C. Raigarh. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the already the fine amount of Rs.12,00,000/- has been deposited by the applicant company and the fly ash dumped at the Government land has already been removed. He further submits that the co-accused namely Prahalad had granted regular bail on 14.02.2025 by the learned trial Court, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing for the non- applicant opposes the grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Taking into consideration of the facts and circumstances of the case, 3 nature of dispute, the material available on record and the fact that the already the fine amount of Rs.12,00,000/- has been deposited by the applicant company and the fly ash dumped at the Government land has already been removed, further co-accused has already been granted bail by concerned court below, thus, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of applicant – Sanjay Hanuman Mandhaniya is allowed. It is, therefore, directed that if the applicant furnishes a personal bond of Rs. 20,000/- with a solvent surety in the like sum to the satisfaction of the Judicial Magistrate, First Class, Raigarh, District – Raigarh (C.G.) in Criminal Complaint Case No.03/2025, he be released on bail. Order shall be in force till disposal of the case. Sd/- (Ramesh Sinha) Chief Justice vaishali