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2026 DAILYLAW 31635 (CHH)

SUDHIR INDAR KUMAR CHAWALA v. STATE OF CHHATTISGARH

MCRCA/1311/2026 · 2026-08-12

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1 CGHC010309662026 2026:CGHC:36039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1311 of 2026 Sudhir Indar Kumar Chawala S/o Indar Kumar Chawala Aged About 42 Years R/o 611-B, Prem Ghar, In Front Of Karimbad Housing, Near Poonam Chamber, Bairamji Town, Katul Road, Nagpur M H 440013 ... Applicant(s) versus State Of Chhattisgarh Through Station House O0cer, Police Station - Telibandha, Distt Raipur Chhattisgarh ... Non-applicant(s) For Applicant : Mr. A. V. Shridhar, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 1. This is the 9rst application 9led under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.305/2026 registered at Police Station Telibandha, District Raipur (C.G.), for the o>ences punishable under Sections 191(1), 296, 333 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant namely, Yogesh Yeshne lodged a written complaint before the concerned KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Police Station stating that he is working as a Civil Engineer in Ramraja Minerals and Construction Pvt. Ltd. It is alleged that on 15.07.2026 at about 12:00 noon, when he reached the yard of Ramraja House for inspection of machinery, the present applicant along with co-accused persons and about 10-15 other persons arrived at the spot with JCB and other machinery, forcibly broke open the lock of the main gate and trespassed into the premises. It is further alleged that the accused persons removed the trolley, tractor, roller, paver machine, compressor and other materials lying in the premises and when the complainant objected, they abused him in 9lthy language and threatened him with dire consequences. On the basis of the said complaint, the aforesaid crime has been registered against the applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to previous enmity between the parties. He further submits that the applicant is merely an employee of Ramraja Minerals and Construction Pvt. Ltd. and no such incident, as alleged, has taken place. It is further submitted that much prior to the registration of the present FIR, the father of the applicant namely, Indar Kumar, along with one Shashi Chawala had 9led a complaint case before the learned Judicial Magistrate First Class, Raipur, wherein vide order dated 22.06.2026, a status report was called for from the concerned Police Station and thereafter, on 10.07.2026, an FIR under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code came to be registered against the Directors of Ramraja Minerals and 3 Construction Pvt. Ltd. Learned counsel further submits that the present FIR is nothing but a counterblast to the aforesaid proceedings and has been lodged with an oblique motive. He further submits that the father of the applicant has also lodged an FIR against the employees of the said company and in the said matter, similarly situated co-accused namely, Jayendra Singh Bhandari has already been granted anticipatory bail by this Court in MCRCA No.1261/2026 vide order dated 05.08.2026. It is also submitted that the applicant is ready and willing to cooperate with the investigation and no custodial interrogation is required. Accordingly, he prays for grant of anticipatory bail. 4. On the other hand, learned State Counsel opposes the prayer for grant of anticipatory bail and submits the allegations against the applicant are of forcibly entering into the premises along with several other persons, breaking open the lock of the main gate, removing machinery and other articles from the premises and extending threats to the complainant. However, learned State Counsel could not dispute the fact that similarly situated co-accused namely, Jayendra Singh Bhandari has been granted anticipatory bail by this Court in MCRCA No.1261/2026 vide order dated 05.08.2026. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegations and the submission of learned counsel for the applicant 4 that the present case appears to have been lodged on account of previous enmity between the parties, the fact that the father of the applicant has also lodged an FIR against the employees of Ramraja Minerals and Construction Pvt. Ltd., wherein one of the accused namely Jayendra Singh Bhandari has already been granted anticipatory bail by this Court in MCRCA No.1261/2026 vide order dated 05.08.2026, and further considering that the applicant has expressed his willingness to cooperate with the investigation, this Court is inclined to extend the bene9t of anticipatory bail to the applicant without commenting anything on the merits of the case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sudhir Indar Kumar Chawala on executing a personal bond and one surety in the like sum to the satisfaction of the arresting O0cer, he shall be released on anticipatory 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 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 5 adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be veri9ed by the trial Court. (e) The applicant shall not involve himself in any o>ence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal