1 CGHC010365632026 2026:CGHC:41770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1581 of 2026 Manoj Sahu S/o Parmatma Sahu, Aged About 44 Years R/o Village Jhalfa P. S. Hirri, Tahsil Bilha, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Hirri, District Bilaspur (C.G.) ...Respondent For Applicant :Mr. Sanjay Kumar Sahu, Advocate. For Respondent-State :Ms. Sunita Manikpuri, Govt. Advocate. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 25/09/2026 1. Applicant has preferred this second application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No. 121/2026 registered at Police Station Hirri, District Bilaspur (C.G.), for the offences punishable under Sections 316(3), 317(2), 317(4) and 3(5) of the BNS, 2023. 2. The earlier anticipatory bail application of the applicant was dismissed as withdrawn, with liberty to file afresh, vide order dated 10.09.2026 passed in MCRCA No. 1456 of 2026. 3. The prosecution story, in brief, is that the complainant, Ashish Kesari, a transporter, was engaged in transporting coal from Rampur Colliery of SECL to Braj Iron and Steel Plant. It is alleged that two vehicles carrying high-grade coal were sent for unloading at the plant, where upon VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.26 14:31:36 +0530 2 chemical examination, the coal was found to be of a lower GCV than the grade loaded from SECL. During inquiry, it was allegedly found that the high-grade coal had been diverted and unloaded at a coal depot near Ashok Leyland Showroom, Pendridih, allegedly operated by co-accused Ram Arya and Sumit Narwani, at the instance of the vehicle owners, namely, Ramsagar Sahu and Raja Sahu. On the basis of the aforesaid allegations, FIR bearing Crime No. 121/2026 was registered at Police Station Hirri, District Bilaspur, for offences punishable under Sections 316(3), 317(2), 317(4) and 3(5) of the BNS. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is the driver of the truck in which the coal was transported. He further submits that, as per the allegations, it was the owner of the vehicle under whose direction, the coal was unloaded at another coal depot and reloaded at another coal depot. Therefore, it cannot be said that the applicant was involved in the commission of the aforesaid crime. Therefore, he prays that the applicant may also be extended the benefit of anticipatory bail. 5. Learned State Counsel opposes the submissions made by learned counsel for the applicant; however, he does not dispute the submission that the allegation against the applicant is that he was the driver of the truck in which substandard coal was found while unloading. She further submits that, as per the allegations in the FIR, the high-grade coal was unloaded at another coal depot on the instructions of the owners of the vehicles, namely, Ramsagar Sahu and Raja Sahu. 6. At this stage, learned counsel for the applicant submits that both the co- accused persons have been granted anticipatory bail in MCRCA No. 1271 of 2026 dated 05.08.2026. 3 7. I have heard learned counsel for the respective parties. 8. On due consideration of the facts and circumstances of the case, the nature of the allegations, and the submissions of learned counsel for the parties, and further considering that the allegation of direction of getting the coal unloaded at another coal depot was against Ramsagar Sahu and Raja Sahu, whereas the applicant was merely the driver of the vehicle, without commenting anything on the merits of the case, I am inclined to allow this anticipatory bail application. 9. Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (121/2026), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions: (i) that the applicant shall make himself available for interrogation before the Investigation Officer as and when required; (ii) that 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/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that 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. 10.Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d (Parth Prateem Sahu) JUDGE vaibhav