MCRCA/1670/2026 of ARPIT MALVIYA Vs STATE OF CHHATTISGARH on 7 October 2026

1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No. 277 of 2026 registered at Police Station Purani Bhilai, District – Durg (C.G.) under Sections 303 (2), 317 (4), 61 (2) (a), 319 (2), 336 (3), 338, 340 (2), 111, 112, 3 (5) of B.N.S., 2023 and Section 26 (1) (4) of Chhattisgarh Rajya Suraksha Adhiniyam, 1990.

2. The prosecution case, in brief, is that the complainant lodged a written report at Police Station Purani Bhilai, District Durg, alleging illegal and unauthorized transportation of Flue Dust from the Blast Furnace BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN

Department of Bhilai Steel Plant through vehicles bearing Nos. CG- 04-QT-8797 and CG-08-AW-1475. It is further alleged that certain ferrous scrap transported through the said vehicles appeared to be the property of Bhilai Steel Plant and, on the basis of the complaint, the persons named in the FIR were arrested.

3. Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in this case. Applicant has not committed any offence as alleged in any manner. She submits that applicant has been made accused only alleging that vehicle register in the name of Himanshu Khandelwal was being operated by present applicant. She further submits that Himanshu Khandelwal has been granted anticipatory bail by this Court in M.Cr.C. No.1244 of 2026 vide order dated 04.08.2026. There is no other criminal antecedents against applicant. Hence, applicant may be extended benefit of anticipatory bail.

4. Learned State counsel opposes the submission of learned counsel for applicant. However, he do not dispute the fact of grant of anticipatory bail to Himanshu Khandelwal in whose name vehicle was registered by which allegedly the scrap material was being transported. He also do not dispute the fact that as many as 21 accused persons have been enlarged on bail either by this Court or by the Sessions Court.

5. I have heard learned counsel for parties and perused the documents placed on record.

6. Taking into consideration the facts and circumstances of the case, the nature of allegation, submission made by learned counsel for respective parties and applicant has no other previous criminal antecedents, without commenting anything on merits of the case, I am inclined to release the applicant on anticipatory bail.

7. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, 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 investigating 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Balram