Anticipatory bail granted where accused is implicated solely by co-accused memorandum statement and facing administrative suspension.

The applicant, an employee of SECL, sought anticipatory bail regarding an incident on January 15, 2026, where a truck (CG-10/BL-9694) allegedly bypassed weighing procedures at the Jangannathpur Open Cast Mines and stole 40 tons of coal valued at ₹1,90,000.

The FIR was lodged by Manager (Mining) Uday Pratap Choudhari.

The applicant’s name surfaced solely through the memorandum statement of a co-accused, Madan Singh.

The applicant has since been suspended from service and provided an explanation to his employer.

Whether the applicant is entitled to the grant of anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS) when his implication is based on a co-accused's statement and he has cooperated with departmental proceedings?

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the High Court's power to grant anticipatory bail.

The underlying charges involved Sections 305(B), 331(3), 111(1), and 316(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), relating to organized crime, theft, and criminal breach of trust.

The Court evaluated the merits of the application by noting that the applicant's involvement was predicated on a memorandum statement of a co-accused.

The Court took into account that the applicant is a permanent resident with no flight risk and has already faced administrative action via suspension.

Reasoning that the investigation and subsequent trial would likely be protracted, the Court determined that custodial interrogation was not necessitated under the present circumstances, provided the applicant adheres to strict conditions to ensure a fair trial and non-interference with witnesses.

The holding directed that in the event of arrest, the applicant be released upon executing a personal bond with one surety.

The relief was made subject to conditions: the applicant must not influence witnesses, must attend every trial date, must submit Aadhaar verification with a full-size photograph, and must not engage in similar future offenses.