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2026 DAILYLAW 6856 (CHH)

MALIK RAM BANDHE v. STATE OF CHHATTISGARH

MCRCA/504/2026 · 2026-04-14

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Judgment text

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1 2026:CGHC:17253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 504 of 2026 1 - Malik Ram Bandhe S/o Mangal Das Bandhe Aged About 39 Years R/o.- House No. 11, Balodabazar Road, Tigda Chowk, Junwani, Gidhpuri, District-Balodabazar-Bhatapara(C.G.) 2 - Hukum Singh Kanwar S/o Meeluram Kanwar Aged About 33 Years R/o.- Satyam Vihar Colony, Raipura, District- Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station- Telibandha, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 115/2026, registered at Police Station – Telibandha, Raipur, District- Raipur (C.G.) for the offence punishable under VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.16 12:04:25 +0530 2 Section 308(2) & 3(5) of the BNS 2023. 2. The prosecution story in brief is that, the complainant Mohd. Soyab Rangrez lodged report at Police Station, Telibandha, Raipur, alleging therein that he is working as Iron Scrap Commission Agent and on 09.01.2026 the iron scrap was loaded in Truck bearing Registration No. CG-04-MF-4788 for delivery of scrap in Jagdish Plant Siltara and the said vehicle truck was being driven by driver Pratap Baghel. The said truck was stopped by the accused persons near Siltara S.K.S. Turning by personating the accused/applicants as State G.S.T. Inspector. The accused persons called the complainant, but due to night, the complainant declined to visit Raipur, therefore the accused persons called the complainant on next morning and when the complainant went to Siltara, the accused persons informed regarding seizure of truck with loaded scraps and demanded Rs. 1,00,000/- from the complainant for release of the truck and scrap, but the complainant could arrange Rs. 50,000/- and given the same to the accused, but the accused persons were not given receipt of amount of Rs. 50,000/-, due to which, the complainant doubted and he went to State Tax Commissioner OfficeRaipur and informed the to the incident Commissioner. On the basis of said report, the alleged offences have been registered against the applicant. 3. Learned counsel for the applicant submits that the present 3 applicant is innocent persons and has been falsely implicated in the aforesaid case. It is submitted that the applicants, being officials posted in the State Tax (GST) Department, had lawfully intercepted the complainant’s truck on the date of the incident for verification of documents relating to the vehicle and the loaded scrap; however, the driver failed to produce any valid documents and instead called the complainant, who upon reaching the spot at Siltara, allegedly threatened the applicants with false implication due to the stoppage of his vehicle. It is further submitted that the applicants have never demanded or received any amount from the complainant and the allegation of payment of Rs. 50,000/- is entirely baseless and unsupported by any evidence. That, the alleged offences are not punishable with life imprisonment or death, and the essential ingredients of the alleged offences are not attracted against the applicants. The applicants are reputed persons, and their arrest would cause irreparable harm to their reputation. They are ready to abide by all terms and conditions that may be imposed by this Hon’ble Court and, being permanent residents having both movable and immovable properties, there is no likelihood of their absconding or tampering with prosecution witnesses. An affidavit in support of this application has been filed herewith. 4. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that Mohd. Soyab Rangrez reported that his truck loaded with iron scrap was 4 intercepted near Siltara by the accused persons, who allegedly impersonated themselves as State GST Inspectors and demanded Rs. 1,00,000/- for release of the truck. It is alleged that the complainant paid Rs. 50,000/- without receipt, which raised suspicion, and he subsequently informed the State Tax Commissioner Office, Raipur. On the basis of the said report, offences have been registered against the applicants. It is further argued that the allegations are serious in nature, involving impersonation and illegal gratification; hence, the applicants are not entitled to bail. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, and upon perusal of the case diary, it prima facie appears that on 09.01.2026, the truck bearing Registration No. CG-04-MF-4788, loaded with iron scrap for delivery at Jagdish Plant, Siltara, was intercepted near S.K.S. Turning, Siltara, by the applicants/accused, who represented themselves as State GST Inspectors, and thereafter took the vehicle along with the goods to Sai Truck Parking, Siltara, called the complainant, seized the truck, and demanded Rs. 1,00,000/- for its release, out of which Rs. 50,000/- was allegedly paid without any receipt and not deposited in the government account. From the case diary, it further emerges that the applicants/accused, being government servants, prima facie 5 misused their official position during inspection and abused their authority for unlawful gain, and their involvement in the alleged offence is apparent at this stage. Considering the nature and gravity of the allegations, particularly the misuse of official position and illegal demand and acceptance of money, and looking to the requirement of fair and proper investigation, this Court is not inclined to grant bail to the applicants. Accordingly, the bail application stands rejected. 7. Accordingly, the first bail application of the applicants – Malik Ram Bandhe & Hukum Singh Kanwar, involved in Crime No. 115/2026, registered at Police Station – Telibandha, Raipur, District- Raipur (C.G.) for the offence punishable under Section 308(2) & 3(5) of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav