1 2026:CGHC:18985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 619 of 2026 1 - Abdul Salim S/o Abdul Rauf Aged About 59 Years R/o Sindhi Colony Sethi, Nagar Raigarh, Tahsil And District- Raigarh Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station Basna District- Mahasamund (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Sbyasachi Bhaduri, Advocate For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2026 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 No.84/2026 registered at Police Station – Basna, District Mahasamund (C.G.) for the offence punishable under Section 316(4), 317(2), 318(4), 336(2), 338, 340 & 3(5) of Bharatiya Nyay Sanhita, 2023. 2. The present application arises out of FIR No. 84/2026 dated 25.02.2026 registered at Police Station Basna, District Mahasamund, wherein two trucks carrying sponge iron were ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 intercepted and proceedings were initiated against their drivers; however, the present Applicant, a 59-year-old landlord, was neither named in the FIR nor was any allegation attributed to him at the inception of the case, and notably, no aggrieved person has reported any theft or wrongful loss of goods to date. The only connection of the Applicant with the case is that he is the owner of an open land/godown situated at Gram Gadumaria, Tehsil Pusaur, District Raigarh, which had been leased out to M/s Jai Bhole Ispat under a valid rent agreement, and he has no role whatsoever in the business operations, accounts, billing, or transportation activities of the said firm. During the course of investigation, the Applicant has been sought to be implicated solely on the basis of memorandum statements of co-accused persons, which are inadmissible in evidence and, in the absence of any independent corroborative material, cannot form a valid basis for his implication or arrest in the alleged offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case without any cogent material. It is further contended that similarly placed co-accused persons have already been granted relief by this Court, inasmuch as the arrest of co-accused Ashok Kumar Gupta and Mohammad Shahajada has been stayed vide order dated 08.04.2026 in CRMP No.986 of 2026, and another co- accused, Tarak Ghosh, has been enlarged on bail by this Court vide order dated 09.04.2026 passed in MCRC No. 3228 of 2026. 3 On the ground of parity, the present applicant may grant benefit of anticipatory bail. 4. On the other hand, learned State counsel opposes the application for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that similarly situated co-accused persons, namely, Ashok Kumar Gupta and Mohammad Shahajada, have already been granted protection from arrest by this Court vide order dated 08.04.2026 passed in CRMP No. 986 of 2026, and another co-accused, Tarak Ghosh, has been enlarged on bail vide order dated 09.04.2026 passed in MCRC No. 3228 of 2026, on the ground of parity, this Court is of the view that the applicant is entitled to get benefit of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Abdul Salim on executing a personal bond with 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 4 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 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Saxena