1 2026:CGHC:9078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 281 of 2026 1. Simarjeet Singh S/o Laxman Singh, Aged About 55 Years Working As Mines Manager, Churcha Colliery, Baikunthpur, Area , South Eastern Coalfield Limited, Tehsil Baikunthpur, District- Koriya (C.G.) 2. Anil Kumar Sonakpuriya S/o Late Mla Sonakpuriya Aged About 57 Years Working As Vtc, In- Charge Churcha Colliery, Baikunthpur, Area , South Eastern Coalfield Limited, Tehsil Baikunthpur, District- Koriya (C.G.) ... Applicant(s) versus State of Chhattisgarh Through Station House Officer, Police Station - Churcha, District- Koriya (C.G.) ...Non-applicant(s) (Cause-title taken from Case Information System) For Applicants : Mr. Sudhir Kumar Bajpai, Advocate. For Non-applicant/State : Mr. Nitansh KumarJaiswal, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.02.2026 1. This is the first application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) by the applicants, who apprehend their arrest in BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.02.20 17:39:50 +0530 2 connection with Crime No. 11 of 2026 registered at Police Station – Churcha, District Koriya (C.G.), for the offences punishable under Sections 106(1), 3(5), 318(4), 336(1), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. The prosecution case, in brief, is that the deceased, Shri Digeshwar Singh, was working as a contract labourer at Churcha Mines of SECL. On 22.04.2025, while working inside the mine, he sustained serious injuries and subsequently succumbed to them. Upon receipt of information, a merg inquiry was conducted. During investigation, it was alleged that the death occurred due to negligence on the part of certain SECL employees, namely Mithilesh Kumar Panjiyara (Overman), Shivmurat Charmakar (Mining Sardar), and Manish Kumar, Supervisor of JMS Mining (Pvt.) Ltd. It was further alleged that the deceased had neither prior mining experience nor had he undergone the requisite training, and that a forged VTC training certificate was prepared. According to the prosecution, the said certificate was prepared by applicant No. 2, Anil Kumar Sonakpuriya (VTC Incharge), and signed by applicant No. 1, Simarjeet Singh, Superintendent of Mines. On the basis of these allegations, the present crime has been registered against the applicants. 3. Learned counsel for the applicants submits that the prosecution story is misconceived and that the applicants have been falsely implicated. It is contended that the applicants are employees of 3 SECL, a Public Sector Undertaking, and are public servants within the meaning of Section 2(28) of the BNS. It is submitted that the incident was an unfortunate industrial accident which occurred when a bolter machine, supporting the Continuous Miner (CM), became stuck due to uneven terrain and was being removed. The deceased, who was employed by JMS Mining (Pvt.) Ltd., allegedly assisted in the removal process during which the machine suddenly dislodged, resulting in fatal injuries. 4. It is further submitted that the incident was duly reported to the Directorate General of Mines Safety (DGMS), Bilaspur, which conducted an independent inquiry. In the said inquiry, certain personnel were found responsible and departmental action was recommended and taken. It is also submitted that SECL extended financial assistance to the family of the deceased, including payment of funeral expenses, ex-gratia compensation of Rs. 15,00,000/-, and statutory compensation deposited before the competent authority under the Employees’ Compensation Act. 5. Learned counsel contends that the allegation regarding absence of training is incorrect, as the deceased had undergone Vocational Training Centre (VTC) training at Churcha Mine and was issued a certificate duly signed and countersigned by the competent authorities. It is submitted that the applicants have cooperated in the inquiry and that the matter essentially arises out of an industrial accident. On these grounds, anticipatory bail is sought. 4 6. Per contra, learned State counsel opposes the prayer for anticipatory bail and submits that serious allegations have been levelled regarding preparation of a forged training certificate and negligence leading to death, and therefore custodial interrogation may be required. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, particularly that the incident arises out of a workplace accident in a mining operation; that the applicants are serving officials of SECL; that the allegations primarily relate to issuance of a training certificate and supervisory negligence, which are matters of documentary evidence; that the investigation appears to be based substantially on records already in possession of the authorities; and without expressing any opinion on the merits of the case, this Court is of the view that custodial interrogation of the applicants is not necessary at this stage. The applicants have no material criminal antecedents brought to the notice of this Court and there is nothing to indicate that they would abscond or tamper with evidence. Hence, this Court finds it appropriate to extend the benefit of anticipatory bail to the applicants. 9. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicants – Simarjeet Singh and Anil Kumar Sonakpuriya – in connection with the aforesaid crime, 5 they shall be released on anticipatory bail on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They 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 them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Brijmohan