1 CGHC010298002026 2026:CGHC:34273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1271 of 2026 1 - Ramsagar Sahu S/o Tulsiram Sahu Aged About 33 Years R/o 894, Aama Para, Ward No.12, Milpara, Bilha, District Bilaspur Chhattisgarh 2 - Raja Sahu S/o Sahdev Sahu Aged About 32 Years R/o Village Jhalpha, Hirri, District Bilaspur Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Police Station Hirri, District Bilaspur Chhattisgarh ... Non-Applicant For Applicants : Mr. Manoj Paranjpe, Senior Advocate along with Mr. Arpan Verma, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.06 11:43:13 +0530 2 05.08.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicants who are apprehending their arrest in connection with Crime No.121/2026 registered at Police Station – Hirri, District Bilaspur (C.G.) for the offence punishable under Sections 316(3), 317(2), 317(4) and 3(5) of BNS. 2. Brief facts of the prosecution case are that complainant Ashish Kesari lodged a written report stating that he is engaged in the business of coal transportation and lifting. It is alleged that he had loaded high-grade coal (G-6, having GCV 5500–5800) from the SECL Rampur Coal Mine into trailer bearing registration Nos. CG-12-S-8901 and CG-04- HX-4888 under Delivery Order No.3330081502 for transportation to Braj Iron and Steel Limited, Dighora. Upon arrival of the coal at the plant, laboratory testing conducted by the plant chemist revealed that the coal had a GCV of only 4203 and 4220, indicating that it was of inferior quality. During inquiry, the trailer drivers allegedly disclosed that in conspiracy with the trailer owners i.e the present Applicants, they had unloaded the high-grade coal at a coal depot owned 3 by Ram Kumar Arya and Sumit Nagwani and thereafter loaded inferior-quality coal from the depot and transported the same to the plant. Based on these allegations, the offence as mentioned above has been registered against the present Applicants. Hence, this application. 3. Learned Senior Advocate for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. It is contended that the Applicants are neither the owners of the alleged coal depot nor have any connection with its operation, as the depot is owned and operated by co-accused Ramkumar Arya, who has already been granted regular bail by the trial Court. It is further submitted that the Applicants are also not the owners of the trailers bearing registration Nos. CG-12-S-8901 and CG-04- HX-4888 and the registration certificates demonstrate that they have no ownership or connection with the said vehicles. It is submitted that there is no material on record to show that the Applicants were involved in unloading the high-grade coal or loading the inferior-quality coal and their implication is based solely on the statements of the trailer drivers, who themselves have not been arrested till date. It is also submitted that the investigation is substantially complete, the coal has already been seized and samples have been 4 collected from the depot and therefore, no custodial interrogation of the Applicants is necessary. It is further submitted that co-accused Sumit Nagwani has already been granted anticipatory bail by this Court vide order dated 10.07.2026 passed in MCRCA No.1065/2026 and the Applicants are also entitled to the benefit of parity. It is lastly submitted that conclusion of the trial is likely to take considerable time, therefore, the Applicants may be granted anticipatory bail. 4. On the other hand, learned State Counsel opposes the application and submits that the Applicants are specifically named in the FIR and are alleged to have acted in furtherance of a common intention with the co-accused in replacing high-grade coal with inferior-quality coal, thereby causing wrongful loss to the complainant. It is further submitted that the investigation is still in progress, other co- accused persons are absconding and the Applicants have two previous criminal antecedents each, which disentitles them from the discretionary relief of anticipatory bail, therefore, considering the nature and gravity of the allegations, it is prayed that the application may be rejected. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the 5 nature of allegations, the fact that the case is primarily based on the allegation of replacement of high-grade coal with inferior-quality coal during transportation, the fact that the coal has already been seized and samples have been collected during the course of investigation, the fact that co- accused Ramkumar Arya has already been granted regular bail by the trial Court and co-accused Sumit Nagwani has been granted anticipatory bail by this Court vide order dated 10.07.2026 passed in MCRCA No.1065/2026, the absence of any specific material showing the direct involvement of the present Applicants in the alleged replacement of coal 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. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicants – Ramsagar Sahu and Raja Sahu, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released 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. 6 (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