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2026 DAILYLAW 8741 (CHH)

DIWAKAR KUMAR SINGH v. STATE OF CHHATTISGARH

MCRCA/2000/2025 · 2026-01-05

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Judgment text

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1 2026:CGHC:652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 2000 of 2025 Diwakar Kumar Singh S/o Shubhas Chandra Singh Aged About 39 Years R/o Rama Vailley, Chakarbhata P.S. Chakarbhata District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Balodabazar District- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Mr. Praveen Kumar Sharma, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2026 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.1122/2025 registered at Police Station – Balodabazar District – Balodabazar- Bhatapara (C.G.) for the offences punishable under Sections 3(5), 308(3),316(5), 318(3) & 318(4) of the BNS 2023. 2. The prosecution story in brief, is that, the FIR dated 13.11.2025 is that complainant Amit Sai submitted a written complaint against accused VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.07 11:00:26 +0530 2 Surendra Singh on 13.11.2025 at P.S. Balodabazar, District - Balodabazar-Bhatapara that he is the proprietor of hind minerals and is being authorized by the M/s Dalvir Singh and sons Novoko for transporting coal from SECL Minerals plant. Applicant has given the work order to Surendra Singh Prop. S.S.Traders to transport. Accused Surendra Singh has transported the said coal through different trucks from Gevra Mines to Nuvoko new vista cement plant. during the quality check the said transported coal is of low quality. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has no role whatsoever in the commission of the alleged offence and is merely the owner of the vehicle which was allegedly used for transportation of coal, for which he only received the transportation fare. It is further submitted that the said vehicle has already been released in favour of the applicant on Supurdnama by the learned Chief Judicial Magistrate, Balodabazar-Bhatapara vide order dated 03.12.2025 (Annexure A/3), which itself shows that no criminal intent is attributable to the applicant. The applicant undertakes to cooperate fully with the investigation and trial, to appear before the police/court as and when directed, not to tamper with evidence or influence witnesses, not to leave India without prior permission of the Court, and to abide by any other condition that may be imposed. In view of the aforesaid facts and circumstances, the applicant deserves the indulgence of this Hon’ble Court by granting him the benefit of bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicant. 3 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 advanced by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the present applicant is merely the owner of the vehicle which was allegedly used for transportation of coal and no specific overt act has been attributed to him in the commission of the alleged offence. therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Diwakar Kumar Singh, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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 from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 4 (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav