DEEPAK AGRAWAL vs STATE OF CHHATTISGARH

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CGHC010335622026 2026:CGHC:38888
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No.1443 of 2026
Deepak Agrawal S/o Ramawatar Agrawal Aged About 37 Years R/o
House No.431, Ward No.12, Sarsinwa, P.S.- Sarsinwa, Distt.-
Sarangarh-Bilaigarh (C.G.) ... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, P.S-
Basna, Distt.- Mahasamund (C.G.) . ... Non-applicant
For Applicant : Mr. Kishore Narayan, Advocate.
For Non-applicant/State : Mr. Jitendra Shrivastava, G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board
02.09.2026
1. The Applicant has preferred this anticipatory bail application
under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 for grant of Anticipatory Bail, apprehending his
arrest in connection with Crime No.294/2026, registered at
SISTLA
NEELIMA
VISHNU
PRIYA
Police Station – Basna, District Mahasamund (C.G.) for
alleged commission of offences punishable under Section 3
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.03
10:58:34 +0530

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of Prevention of Damage to Public Property Act as also under
Sections 305(e) and 317(2) of BNS.
2. The prosecution case is that complainant Sunil Kumar
Agrawal, a contractor engaged in construction work under the
Jal Jeevan Mission at village Lalitpur, reported that 06 iron
pipes and 01 iron gate valve, worth approximately
Rs.90,000/-, installed at the water tank under construction,
were found missing on 09.05.2026 and had allegedly been
stolen by an unknown person. Accordingly, Crime was
registered against an unknown person. During investigation,
on the basis of secret information, co-accused Kishore Kumar
was apprehended and his memorandum statement was
recorded, wherein he allegedly disclosed that he, along with
Tikeshwar @ Tikelal, Kishan Nishad, Jaykumar Yadav, Raju
Yadav and Piyush Diwan, had committed the theft of the
aforesaid iron pipes and valve and sold them to scrap dealers
Ganpat Mirdha and Khagesh Mirdha of village Sagarpali.
Pursuant thereto, 02 iron pipes and 01 iron valve, valued at
approximately Rs.50,000/-, were recovered from the
possession of Ganpat Mirdha and further investigation was
carried out on the basis of the memorandum statement of
Khagesh Mirdha regarding the remaining stolen iron pipes
allegedly sold by the accused persons. Based on these

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allegations, the present FIR was registered against the
Applicant for the offences punishable under the
aforementioned Sections. Hence, this application.
3. Learned Counsel for the Applicant submits that the Applicant
is innocent and has been falsely implicated in the present
case. He submits that the FIR was initially registered against
an unknown person and the allegation against the present
Applicant is only of purchasing the alleged stolen property
under Section 317(2) of the BNS. It is submitted that the
Applicant, being a scrap dealer, purchased the iron pipes and
gate valve from co-accused Ganpat Mirdha and Khagesh
Mirdha in the regular course of business, without knowledge
that the same were stolen property. It is further submitted
that there is no material to establish that the seized articles
were Government property or that the Applicant had
knowledge of the same being Government property. He
further submits that all the co-accused persons have already
been granted bail by the Court below vide orders dated
09.06.2026, wherein the compromise between the
complainant and the co-accused persons has also been
taken note of and therefore, the Applicant is entitled to bail on
the ground of parity.
4.
Per contra, learned State Counsel opposes the bail

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application.
5. I have heard learned counsel for the parties and perused the
material available on record.
6. Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary and the
nature of allegations, the fact that investigation is still going,
without further commenting anything on the merits of the
case, this Court is not inclined to grant anticipatory bail to the
Applicant.
7. Accordingly, the Anticipatory Bail application of the Applicant
– Deepak Agrawal , filed under Section 482 of the BNSS,
2023 in connection with Crime No.294/2026, registered at
Police Station – Basna, District Mahasamund (C.G.) for
alleged commission of offences punishable under Section 3
of Prevention of Damage to Public Property Act as also under
Sections 305(e) and 317(2) of BNS is hereby rejected .
8. Office is directed to provide a certified copy of this order to
the trial Court concerned for necessary information.
Sd/-
(Ramesh Sinha)
Chief Justice
Priya