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2026 DAILYLAW 33296 (CHH)

AMAN KEWAT v. STATE OF CHHATTISGARH

MCRCA/1388/2026 · 2026-08-23

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Judgment text

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1 CGHC010318142026 2026:CGHC:37847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1388 of 2026 Aman Kewat S/o Vinod Kumar Kewat Aged About 20 Years R/o Darrikhar Tehsil And Police Station Darri District Korba (C.G.) ...Applicant versus State Of Chhattisgarh Through P.S. Darri, District- Korba (C.G.) ... Respondent For Applicant : Mr. Ashutosh Shukla, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.08.2026 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. 144/2026 registered at Police Station – Darri District- Korba (C.G.) for the offences punishable under Sections 331(4), 305, 111(2), 3(5) & 317(4) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.25 10:43:37 +0530 2 2. The prosecution case, in brief, is that, on 21.04.2026, the complainant, who is working as the Lead Admin of G4S Company, lodged a written complaint alleging that during the intervening night of 13.04.2026 and 14.04.2026, at about 2:40 A.M., some unknown persons had unlawfully entered the open area of the company premises and allegedly committed theft of approximately 40 kg of copper cable and copper plates worth about 30,000/-. On the basis of the said complaint, the police registered F.I.R. bearing Crime No. 144/2026 at Police Station Darri against unknown persons for the offences punishable under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case; that his name does not find mention in the FIR and the report has been lodged without attributing any specific role or overt act to him. It is further submitted that the applicant is a young boy aged about 20 years and is a Class 12th student, and has been roped into the present case by the police despite there being no prima facie material connecting him with the alleged offence. It is submitted that the entire allegations in the FIR are directed against co-accused Nadim Khan, Nafees Khan, Mahesh Bhasker, Jotram, Udiya and Bittu, and the applicant has no connection with the aforesaid persons or the alleged incident. Learned counsel further submits that the applicant has been falsely implicated at the instance of the victim and that no prima facie case is made out against him. Considering the young age and educational status of the applicant, the nature of the allegations, and the fact that his name is absent from the FIR, it is prayed that the applicant may kindly be granted anticipatory bail. The applicant is a permanent resident of the 3 address mentioned in the application, possesses movable and immovable property there, and there is no likelihood of his absconding. He is ready to abide by all the terms and conditions imposed by this Hon’ble Court. 4. Learned State Counsel opposes the bail application and submits that the allegations against the applicant are serious in nature and that the applicant has been implicated during the course of investigation on the basis of the material collected by the prosecution in connection with the alleged theft from the premises of G4S Company. It is further submitted that the bail applications of two co-accused persons arising out of the same crime have already been rejected by this Court and, therefore, the applicant is not entitled to the benefit of parity. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the material available against the applicant, and the fact that the bail applications of two co-accused persons have already been rejected by this Court, therefore, applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, and upon examination of the case diary, it appears that the present applicant has been implicated on the basis of the material collected during the course of investigation in connection with the alleged theft of copper cables and copper plates from the BCPP Plant, Darri. The case diary further reveals that the security personnel, including Amit Kumar Chandra, Security Shift In- 4 charge of G4S Company, have supported the involvement of the accused persons, and co-accused Rajkumar Yadav, in his memorandum statement, has disclosed that he along with Nadeem Khan, Nafees Alam, Aman Kewat, Mahesh Bhaskar, Jotram, Udiya and Bittu had gone to the BCPP Plant at about 2:00 A.M. for committing theft and, upon being intercepted by the security guard, assaulted them. It is further relevant that the bail applications of co-accused Nadim Khan and Nafis Alam have already been rejected by this Court. Having regard to the nature and gravity of the allegations, the material collected during investigation, the specific allegations connecting the accused persons with the alleged offence, and the rejection of bail applications of the aforesaid co-accused, this Court is not inclined to extend the discretionary relief of anticipatory bail to the present applicant at this stage. Accordingly, the anticipatory bail application filed by the applicant is hereby rejected. 7. Accordingly, the anticipatory bail application of the applicant – Aman Kewat, involved in Crime No. 144/2026 registered at Police Station – Darri District - Korba (C.G.) for the offences punishable under Sections 331(4), 305, 111(2), 3(5) & 317(4) of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav