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2026 DAILYLAW 24313 (CHH)

ANIL PASWAN v. STATE OF CHHATTISGARH

MCRCA/990/2026 · 2026-06-30

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Judgment text

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1 2026:CGHC:26891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 990 of 2026 Anil Paswan S/o Jagdish Paswan Aged About 33 Years R/o Shivpur, P.S. Churcha, Distt. Koriya, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Churcha, Distt. Koriya, Chhattisgarh. ... Respondent For Applicant : Shri Pritam Kumar Tiwari, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/07/2026 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.84/2026 registered at Police Station – Churcha, District Koriya (C.G.) for the offence punishable under Sections 303(2), 3(5), 111 of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.02 13:32:42 +0530 2 2. Case of the prosecution, in brief, is that on 19.05.2026, the complainant lodged a report stating that while he and his colleagues were on patrolling duty in the Churcha SECL area, at about 1:30 a.m. they received credible information that some persons were stealing coal from the Belt Line D-Point and loading it into a pickup vehicle bearing registration No. CG-16 CS 3021. Upon reaching the spot, they found the accused loading 30 sacks of stolen coal into the pickup vehicle. On seeing the police, the accused attempted to flee; however, one accused, namely Suraj Kumar Rajwade, was apprehended at the spot. On the basis of the report, Crime No. 84/2026 was registered at Police Station Churcha for offences under Sections 303(2) and 3(5) of the BNS, 2023, and investigation was taken up. During investigation, the memorandum statement of co-accused Harikishan @ Nandu was recorded, wherein he disclosed that he had committed the theft of coal in collusion with co-accused Gorelal, Suraj, Rambrij, and Anil Paswan. The pickup vehicle used in the commission of the offence was seized, the accused persons were arrested after evidence was found against them, and the investigation is still in progress. 3. Learned counsel for the applicant submitted that the applicant is not named in the FIR and the complainant has stated that the co-accused Suraj Kumar Rajwade who was granted bail has informed that the applicant was also involved in the present case but after Suraj Kumar Rajwade was released on bail he had made an application to the police that he has not disclosed the name of any other accused persons to the complainant. He would submit that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, applicant is a permanent resident 3 of address mentioned in the cause title and there is no chance of his absconding, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that the applicant is named in the FIR along with Suraj Kumar Rajwade. He would submit that the applicant has no criminal antecedents. 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 nature of allegation levelled against the applicant, applicant has no criminal antecedents and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, 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 – Anil Paswan, 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 4 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 his 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 gouri