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2026 DAILYLAW 27100 (CHH)

NADIM KHAN v. STATE OF CHHATTISGARH

MCRCA/1090/2026 · 2026-07-12

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Judgment text

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1 CGHC010258902026 2026:CGHC:29377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1090 of 2026 1 - Nadim Khan S/o Late Multan Mohaammad Aged About 28 Years R/o Darri Basti, Darri, P. S. Darri District Korba (C.G.) 2 - Nafis Aalm S/o Late Rafi Mohammad, Aged About 29 Years R/o Purani Basti, Darri, P. S. Darri, District Korba (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through P. S. Darri District Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Patel, Advocate For Respondent(s) : Ms. Anusha Naik, Dy.G.A. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/07/2026 1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.144/2026, registered at Police Station – Darri, District – Korba (C.G.) for the alleged commission of offence punishable under Sections 331(4), 305, 111(2), 317(4) and 3(5) of BNS. 2. As per prosecution story, in brief is that, on 21.04.2026, the complainant, who is working as the Lead Admin of G4S Company, lodged a written complaint alleging that during the intervening night VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.16 17:36:30 +0530 2 of 13.04.2026 and 14.04.2026, at about 2:40 A.M., some unknown persons had unlawfully entered the open area of the company premises and allegedly committed theft of approximately 40 kg of copper cable and copper plates worth about 30,000/-. On the basis ₹ of the said complaint, the police registered F.I.R. bearing Crime No. 144/2026 at Police Station Darri against unknown persons for the offences punishable under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the name of the present applicant surfaced only on the basis of the memorandum statement of the co-accused, wherein it was alleged that the applicant No.1, Nadim Khan used to provide information regarding the plant to the other accused and, in furtherance thereof, was involved in the commission of the offence along with them. He further submits that no theft article has been seized from the possession at the instance of the applicant during the course of investigation. Therefore, it is prayed that the applicant be granted the benefit of anticipatory bail. 4. Per contra, learned State counsel opposes the application for anticipatory bail and submits that the applicant has one criminal antecedent, namely Crime No. 28 of 2022, registered at Police Station Darri, District Korba, which is still pending trial. She further submits that, as per the memorandum statement of co-accused Rajkumar, applicant No.1, namely Nadim Khan, was working as a security guard at the plant where the theft was committed and used to disclose details of the articles kept therein, thereby facilitating the commission 3 of the theft by the applicants. Hence, it is contended that the applicants are not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the allegations, material available on record, submissions advanced by learned counsel for the parties, the applicant No.1 was mainly working as a security guard in the plant and used to disclose the place where the articles which are stolen used to be kept and applicant No.2 also participated in the crime along with the co-accused, the custodial interrogation of the applicant is required for recovery of stolen article, and as per the memorandum statement of the co-accused it came into the light that the present applicants alongwith co-accused persons used to committed theft in the plant, this Court is not inclined to extend the benefit of anticipatory bail to the applicants. 7. 7. Accordingly, the anticipatory bail application of the applicant No.1– Nadim Khan and applicant No.2 - Nafis Alam filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.144/2026, registered at Police Station – Darri, District – Korba (C.G.) for the alleged commission of offence punishable under Sections 331(4), 305, 111(2), 317(4) and 3(5) of BNS is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali