1 CGHC010272852026 2026:CGHC:33240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1163 of 2026 Nitin Kumar Shukla S/o Mukesh Kumar Shukla Aged About 36 Years R/o Village Pipariya, P.S. And Tahsil Kotma, District Anuppur, (M.P.), Present R/o Police Chowki Darsila, P.S. Jaitpur, District Sahdol, (M.P.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Kelhari, District M.C.B. Chhattisgarh ... Non-applicant For Applicant : Mr. Aman Sharma, Advocate. For Non-Applicant/State : Mr. Sumit Singh, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2026 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. 18/2026 registered at Police Station – Kelhari, District – M.C.B. (C.G.) for the offences punishable under Sections 103(1), 296, 308(3), 338 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 03.03.2026, an information was received from an informant that two tractors were being loaded with sand illegally from a river situated in village Darsila. Based on the said information, the present applicant, who was posted as a Head Constable ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.31 16:42:08 +0530 2 (Pradhan Arakshak) at Police Station Darsila, along with another police official, proceeded to the spot. Upon seeing the police, the persons engaged in illegal sand mining fled from the spot. One of them, namely Sonu Chakradhari (deceased), mounted his tractor and attempted to flee from the spot, however, while doing so, he collided with a tree, fell down, sustained injuries, and ultimately succumbed to the injuries and died. Thereafter, a complaint was lodged, and the aforesaid offences were registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that the applicant is willing to fully cooperate with the investigation and is ready to cooperate with any further investigation, whenever required, as he himself is a police officer. He also submits that in the present case, the offence under Section 103(1) of the BNS has been registered against the applicant under pressure from the sand-mining organizations, despite the fact that no such offence, as alleged, has been committed by the applicant. He also submits that the deceased himself mounted his tractor and attempted to flee from the spot, during which he met with an accident that ultimately resulted in his death. The polygraph test of the eyewitness has been conducted and the result thereof has been found to be non- deceptive. He also submits that the present applicant has no criminal antecedents except the present, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact 3 that the applicant has been implicated in the present case while discharging his official duties as a police officer, the prosecution case indicates that the deceased sustained fatal injuries after allegedly attempting to flee from the spot on his tractor, and further considering that the applicant has no criminal antecedents, this Court, without further expressing any opinion on the merits of the case, is 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 – Nitin Kumar Shukla, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek