1 CGHC010305932026 2026:CGHC:36592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1320 of 2026 1 - Bittu Mahto S/o Ramesh Mahto Aged About 24 Years R/o.986, Ward 52, Neelgiri, Nagoikhar, Jamnipali, Darri, P.S. And Tahsil Darri, District Korba C.G. 2 - Mahesh Kumar Bhaskar S/o. Gendram Bhaskar Aged About 28 Years R/o. H No.1051, Nagoikhar, Jamnipali, P.S. And Tahsil Darri, District Korba C.G. ... Applicants versus The State Of Chhattisgarh Through S.H.O., P.S. Darri, District Korba C.G. .... Non-applicant For Applicanta : Mr. Praveen Soni along with Mr. Suraj Kumar Audheliya, Advocates. For Non-applicant/State : Mr. Jitendra Shrivastava. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.18 11:55:23 +0530 2 17.08.2026 1. The Applicants have preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.0144/2026, registered at Police Station – Darri, District Korba (C.G.) for alleged commission of offences punishable under Sections 111(2), 305, 317(4), 331(4) and 3(5) of BNS. 2. The prosecution story, in brief, is that complainant Manish Vishwas, working as Lead Admin with G4S Company, lodged a written report at Police Station Darri, District Korba wherein, it was alleged that during the intervening night of 13/14.04.2026, at about 02:40 a.m., some unknown persons trespassed into the BCPP Plant, Darri and committed theft of copper cable and copper plate weighing approximately 40 kg and valued at about Rs.30,000/- from the mill area and fled from the spot. During investigation, co-accused Rajkumar Yadav was apprehended and on the basis of his alleged disclosure, the present Applicants, along with other persons, were subsequently implicated in the offence. Based on these allegations, the present FIR was registered against the 3 Applicants for the offences punishable under the aforementioned Sections. Hence, this application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. It is submitted that the FIR was initially registered against unknown persons and neither of the Applicants was named therein and their implication is based solely upon the alleged disclosure statement of co-accused Rajkumar Yadav. It is further submitted that no recovery of the stolen copper cable/plate or any other incriminating article has been effected from the Applicants and there is no eyewitness, CCTV footage or other independent material connecting them with the alleged offence. It is also submitted that the Applicants were staying at Royal Arpa Inn, Bilaspur at the relevant time and the Cash Memo dated 15.04.2026 now produced corroborates their stay, constituting a material change in circumstances since the earlier orders declining anticipatory bail. It is lastly submitted that the trial may take quite some time for its conclusion, therefore, the present Applicants may be granted anticipatory bail. 4. On the other hand, learned State Counsel opposes the application and submits that bail application of co-accused Nadim Khan and Nafis Aalm have already been rejected vide 4 order dated 13.07.2026 passed in MCRCA No.1090/2026, therefore, the present Applicants are also not entitled for the benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary and the nature of allegations, it appears that the FIR was initially registered against unknown persons, however, during investigation, the present Applicants have been implicated on the basis of the disclosure statement of co-accused Rajkumar Yadav. The Applicants have raised a plea of alibi by relying upon the Cash Memo of Royal Arpa Inn, Bilaspur, to contend that they were staying at the said hotel at the relevant time. However, the plea of alibi is a matter of evidence and its genuineness and evidentiary value cannot be conclusively adjudicated at the stage of consideration of an application for anticipatory bail. The absence of recovery from the Applicants, by itself, is also not sufficient to grant them the extraordinary protection of anticipatory bail, particularly when the investigation is still required to be appreciated in its entirety. It is further relevant that the anticipatory bail application preferred by co-accused Nadim Khan and Nafis 5 Aalm have already been rejected by this Court vide order dated 13.07.2026 passed in MCRCA No.1090/2026, therefore, in the facts and circumstances of the case, this Court is not inclined to extend the benefit of anticipatory bail to the present Applicants. 7. Accordingly, the Anticipatory Bail application of the Applicants – Bittu Mahto and Mahesh Kumar Bhaskar, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 0144/2026, registered at Police Station – Darri, District Korba (C.G.) for alleged commission of offences punishable under Sections 111(2), 305, 317(4), 331(4) and 3(5) of BNS is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya