1 2026:CGHC:16452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 515 of 2026 Ajam Khan @ Julfikar Alam S/o Shri Sheikh Akbar Aged About 28 Years R/o Nawagarh, Patratoli, P.S. Raidih, Distt. Gumla, Jharkhand. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Bhatgaon, Distt. Surajpur, Chhattisgarh. ... Respondent(s) For Applicant : Ms. Ankita Goswami, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 09/04/2026 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 MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 17:40:44 +0530 2 No. 44/2026 registered at Police Station – Bhatgaon, District- Surajpur (C.G.) for the offence punishable under Section 316(40 and 3(5) of BNS, 2023. 2. The prosecution case, in brief, is that the complainant lodged a report alleging that the applicant along with other co-accused persons committed theft of a motorcycle, hammer machines, cutter machines, a mini generator, a water pump, and bundles of wire. On the basis of the report, FIR was registered against the accused persons. During investigation, statements of witnesses were recorded and on the basis of memorandum statement of co- accused Altamash Khan, a motorcycle was seized. The present applicant has been implicated as one of the accused in the said offence. 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 the applicant was working as a mason under the complainant-contractor and had demanded his wages, but due to non-payment, he left the work and returned to his native place. It is argued that to avoid payment of wages, a false report has been lodged against the applicant. It is further submitted that the implication of the applicant is primarily based on the memorandum statement of co-accused, and no direct recovery has been made from the present applicant. The applicant is a permanent resident and there is no likelihood of his absconding or tampering with the evidence. It is also submitted that the marriage of the applicant is 3 scheduled on 12.04.2026 and invitation cards have already been distributed. In the event of arrest, the applicant will suffer irreparable loss to his social reputation. 4. Per contra, learned Panel Lawyer for the State submits that the applicant is involved in theft of valuable articles and that on the basis of memorandum statement, recovery of motorcycle has been made. It is further submitted that custodial interrogation of the applicant is necessary for recovery of remaining stolen articles and for apprehending other accused persons. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From the material available on record, it appears that the allegations against the present applicant are primarily based on the memorandum statement of co-accused. No direct recovery has been made from the possession of the present applicant so far. At this stage, it is well settled that the memorandum statement of a co-accused has limited evidentiary value unless corroborated by independent material. The investigation is still in progress and the role of the applicant is yet to be established by cogent evidence. Considering the facts that the applicant was working as a labourer, the dispute appears to have arisen in the background of non-payment of wages, and also taking into account that the applicant is a permanent resident having roots in society, this Court is of the view that custodial interrogation of the applicant is not necessary at this stage. Further, the marriage of the applicant 4 is stated to be on 12.04.2026 as evident from Annexure A/3 and arrest at this stage would cause undue hardship. Without expressing any opinion on the merits of the case, this Court finds it to be a fit case to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ajam Khan, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on 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 adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. 5 (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Madhurima