1 CGHC010299152026 2026:CGHC:34554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1278 of 2026 Sonu Sahu S/o Gendlal Sahu Aged About 33 Years R/o Madwahi Bilaspur District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Deepka, District Korba C.G. ... Non-Applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Mr. SS Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant who is apprehending his arrest in connection with Crime No.168/2026 registered at Police Station – Deepka, District Korba (C.G.) for the offences punishable SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.07 11:19:16 +0530 2 under Sections 303(2), 3(5) and 317(2) of BNS. 2. Briefly stated, the case of the prosecution is that on the intervening night of 30.04.2026, Police Station Deepka received secret information that three trailer trucks bearing registration Nos. CG10BX0792, CG10BY8288 and CG10BX8288, loaded with stolen coal from SECL Deepka Mines, were proceeding towards Bilaspur via Sirki Mod. Acting on the said information, the police intercepted the vehicles and found them carrying coal loaded far beyond their visible capacity. During enquiry, the drivers of the vehicles, namely Mukesh Choudhary (CG10BX0792), Arjun Bansal (CG10BY8288) and the driver of vehicle No. CG10BX8288, admitted that the vehicles were overloaded and produced loading slips issued by Mahavir Coal Washery, Bilaspur. The matter was referred to SECL for verification, whereupon it was found that each of the three vehicles was carrying coal substantially in excess of its sanctioned load. On the basis of the written complaint lodged by Mohd. Aslam, Security Inspector, SECL, the present crime was registered. During investigation, co-accused Sarfaraz Khan @ Pammi, Sujeet Singh and Raunak Gupta were interrogated and their memorandum statements were recorded. It is alleged that the accused persons, in furtherance of their common 3 intention, had lawfully entered the mine premises on the strength of valid tokens issued by Mahavir Coal Washery and obtained gate passes after loading the permissible quantity of coal. Thereafter, with an intention to earn unlawful gain, they allegedly loaded additional coal in all the three trailers through loaders, covered the same with tarpaulin and removed the vehicles from the mine by producing the original gate passes at the barrier. Upon re-weighment, trailer No. CG10BX0792 was found carrying 18.99 MT, trailer No. CG10BX8288 18.94 MT, and trailer No. CG10BY8288 19.43 MT of excess coal, aggregating to 57.36 MT of coal allegedly stolen from the SECL mines. Based on these allegations, the offences as mentioned above have been registered against the present Applicant. Hence, this application. 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 no recovery has been effected from the possession of or at the instance of the present Applicant and that his custodial interrogation is not warranted. It is further submitted that the investigation is substantially complete and the charge-sheet has already been filed against the arrested co-accused persons, while the case is primarily based on documentary evidence already in the possession of 4 the prosecution, leaving no possibility of tampering with the same. He further submits that the present Applicant is entitled to the benefit of parity, as co-accused Arjun Bansal and Sujit Singh have already been granted regular bail by this Court vide order dated 15.07.2026 passed in MCRC No.4624/2026 and similarly situated co-accused Sarfaraz Khan @ Pammy and Mukesh Choudhary have also been granted regular bail by the learned trial Court in B.A. No.371/2026 and B.A. No.379/2026, respectively. It is lastly submitted that the role attributed to the present Applicant is similar to that of the aforesaid co-accused persons, therefore, he may be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the application and submits that the present Applicant is an absconding accused and has deliberately avoided joining the investigation. It is submitted that the Applicant, along with the other co-accused persons, in furtherance of their common intention, was involved in the theft of 57.36 MT of coal from SECL Deepka Mines with the object of earning unlawful gain. It is also contended that the orders granting bail to the co- accused were passed on their own facts and do not entitle the present Applicant to claim parity as a matter of right. Accordingly, it is prayed that the anticipatory bail application 5 may be rejected. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that no recovery has been effected from the possession of or at the instance of the present Applicant, the fact that the case is primarily based on documentary evidence already in the possession of the prosecution, the fact that co-accused Arjun Bansal and Sujit Singh have already been granted regular bail by this Court vide order dated 15.07.2026 passed in MCRC No.4624/2026 and similarly situated co-accused Sarfaraz Khan @ Pammy and Mukesh Choudhary have also been granted regular bail by the learned trial Court in B.A. No.371/2026 and B.A. No.379/2026, respectively, the fact that the role attributed to the present Applicant is similar to that of the aforesaid co- accused persons, trial is likely to take considerable time for its conclusion and without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Sonu Sahu, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released 6 on bail on the following conditions:- (a) The Applicant/s 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/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya