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2026 DAILYLAW 30834 (CHH)

ABHAY SINGH v. STATE OF CHHATTISGARH

MCRCA/1304/2026 · 2026-08-11

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1 CGHC010310332026 2026:CGHC:35692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1304 of 2026 1 - Abhay Singh S/o Sanjay Singh Aged About 23 Years R/o Near Panchsheel School, Khursipar, P.S. Khursipar, District Durg Chhattisgarh ...Applicant(s) versus 1 - State of Chhattisgarh Through SHO, Police Station Purani Bhilai, (Wrongly Mentioned In Order Sheet As Khursipar) District Durg Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate For Respondent(s)/State : Mr. Saumya Rai, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 1. This is the first anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of anticipatory bail to the applicant, who apprehends his arrest in connection with Crime No. 277/2026 registered at Police Station Purani Bhilai, District Durg (C.G.), for the offences punishable RUCHI YADAV Digitally signed by RUCHI YADAV 2 under Sections 111, 112, 303(2), 317(4), 61(2)(a), 319(2), 336(3), 338, 343(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 26(1) of the Chhattisgarh Audyogik Suraksha Adhiniyam, 1990. 2. According to the prosecution case, the complainant lodged a written report stating that an agreement had been executed between the Blast Furnace Department of Bhilai Steel Plant and R.D.K. Industries for transportation of flue dust. It is alleged that on 26.05.2026, information was received that vehicles bearing Registration Nos. CG 04 QT 8797 and CG 08 AW 1475 were illegally transporting iron scrap material without any authority. Upon inspection by the authorized officials of Bhilai Steel Plant, the vehicles were found to be carrying iron scrap allegedly transported in an unauthorized and illegal manner. On the basis of the said complaint, FIR bearing Crime No. 277/2026 was registered at Police Station Purani Bhilai, District Durg, for the offences punishable under Sections 111, 112, 303(2), 317(4), 61(2)(a), 319(2), 336(3), 338, 343(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 26(1) of the Chhattisgarh Audyogik Suraksha Adhiniyam, 1990. Accordingly, investigation was initiated. 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 the applicant is not named in the FIR and has been implicated during the course of investigation without any cogent material. It is further submitted that co-accused Himanshu Khandelwal has been granted anticipatory bail by this Court vide order dated 04.08.2026 passed in M.Cr.C.A. No. 1244/2026, and another co-accused, namely Himanshu Bhushan Mallick, has been granted regular bail by this Court vide order dated 10.08.2026 passed in M.Cr.C. No. 7281/2026. 3 Therefore, the applicant also deserves to be granted bail on the ground of parity. It is further submitted that the applicant has no criminal antecedents and his custodial interrogation is not required. Accordingly, it is prayed that the applicant be granted the benefit of anticipatory bail. 4. Per contra, learned State counsel opposes the prayer for grant of anticipatory bail. It is, however, fairly submitted that the applicant has no criminal antecedents. Therefore, it is prayed that the present anticipatory bail application be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the entire facts and circumstances of the case, the submissions made by learned counsel for the parties, the fact that the applicant is not named in the FIR, has no criminal antecedents and co- accused Himanshu Khandelwal has already been granted anticipatory bail by this Court vide order dated 04.08.2026 passed in M.Cr.C.A. No. 1244/2026 and co-accused Himanshu Bhushan Mallick has been granted regular bail vide order dated 10.08.2026 passed in M.Cr.C. No. 7281/2026, the applicant is entitled to the benefit of parity. Accordingly, this Court is of the considered view that the applicant deserves to be extended the benefit of anticipatory bail. 7. Accordingly, the present M.Cr.C.A. is allowed and it is directed that, in the event of arrest of the applicant, Abhay Singh, upon furnishing a personal bond and one surety in the like amount to the satisfaction of the Arresting Officer, he shall be released on bail, subject to the following conditions:- 4 (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 such person from disclosing such facts to the Court. (b) He shall not act in any manner which may be prejudicial to a fair and expeditious trial. (c) He shall appear before the Trial Court on each and every date fixed by the said Court till the conclusion of the trial. (d) The applicant and the surety shall submit a copy of their Aadhaar cards along with a coloured, postcard- size photograph bearing the printed Aadhaar number thereon, which shall be verified by the Trial Court. (e) He shall not involve himself in any offence of a similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi