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2026 DAILYLAW 3595 (CHH)

KISHAN v. STATE OF CHHATTISGARH

MCRCA/521/2026 · 2026-04-08

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Judgment text

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1 2026:CGHC:16447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 521 of 2026 • Kishan S/o Rajendra Aged About 25 Years Caste- Basor R/o Ward No.9, Ghutri Dafai Shivpur Churcha P.S. Churcha Tahsil - Baikunthpur District- Koriya (C.G.) ... Applciant(s) versus • State of Chhattisgarh Through The Police Station Churcha District- Koriya Chhattisgarh, ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shivendra Deshmukh, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/04/2026 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.201/2025 registered at Police Station – Churcha, District: Koriya, C.G. for the offence punishable under Sections 331(4), 305(e), 310(2) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 14.10.2025 complainant and his co-workers went to their work place, the 56 label pump, during their night duty. At that moment they heard the sound of something being cut. The complainant and his co-workers went to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.09 18:02:58 +0530 2 the scene and saw thus him. That about 10-12 persons were seen with their face and mouth covered, who where holding sickles and sticks. Those persons threatened the complainant and his colleagues and made them sit at one place and in collusion, cut about 450 meters of cable wire with sickles and cutter and took it away, Guards Jitendra Yadav and Sunil Barla informed that the applicant was taken to Charcha East mine by applicant/accused Nitesh and other co-accused Sunil Panika, Mangal alias Golu, Purushottam, Mohit, Ayodhya, Sameer, Rajkumar, Kishan, Kabira, Shamsher, Suman Panika and Suresh Panika it was alleged that they entered the mine and cut and took awary the copper cable wire. 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case. It is further contended that there is no material on record to substantiate the allegation against the present applicant. He further contended that three co-accused persons, namely Purushottam @ Golar Basor, Suresh Kumar Panika and Ayodhya Basor have preferred regular bail application bearing MCRC No.1174/2026, MCRC No.1792 of 2026 and MCRC No.1473 of 2026 which were allowed by the common order of this court on 12.03.2026 and other co-accused has already been granted regular bail by this Court, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant has one criminal antecedent bearing crime No.99 of 2024 for offence under Sections 458, 380, 332, 186, 153, 120-B, 395, 397 of the IPC and Section 25, 3 27 of Arms Act and 135 of Electricity Act. He could not disputed the fact that three co-accused persons, namely Purushottam @ Golar Basor, Suresh Kumar Panika and Ayodhya Basor have preferred regular bail application bearing MCRC No.1174/2026, MCRC No.1792 of 2026 and MCRC No.1473 of 2026 which were allowed by the common order of this court on 12.03.2026 and other co-accused has already been granted regular bail by this Court. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that applicant has one criminal antecedent and co-accused persons have been granted regular bail does not, by itself, constitute a valid ground for granting anticipatory bail to the present applicant, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Kishan, involved in Crime No.201/2025 registered at Police Station – Churcha, District: Koriya, C.G. for the offence punishable under Sections 331(4), 305(e), 310(2) of Bhartiya Nyay Sanhita, 2023, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali