Pali, District Korba Chhattisgarh v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:21445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.13 11:23:27 +0530 MCRCA No. 672 of 2025 Surendra Singh Chauhan S/o Ramdev Singh Aged About 55 Years General Manager (Mining), Sub Area Manager, Saraipali Open Cast Coal Mines, Korba Area, South Eastern Coalfields Limited, Thana - Pali, District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Pali, District Korba Chhattisgarh ... Respondent For Applicant : Shri Kishore Bhaduri, Senior Advocate with Shri Sudhir Kumar Bajpai, Advocate. For
Legal Reasoning
: Shri Hariom Rai, PL. Respondent/State For objector : Shri Jaydeep Singh Yadav and Shri Vijay Kumar Sahu, Advocates. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 08/05/2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection 2 with Crime No.0114/2025, registered at Police Station Pali, District Korba (C.G.) for alleged commission of offence punishable under Sections 191(2), 191(3), 190, 103(1), 61(2)(a) of B.N.S. 2023 and Section 25, 27 of Arms Act, 1959. 2. Case of the prosecution, in brief, is that there are two private transporter groups namely SN Group and MTC Group, who are involved in transportation of coal from the Saraipali mines to the concerned purchasers. On 28.03.2025 at around 10:00 PM both above two transporters groups entered into dispute with each other and in consequence of which free fight took place between them and ultimately one Rohit Jaiswal has died. The above incident was reported in writing by one Anil Jaiswal to the Pali Police Station, in which it was informed that the deceased Rohit Jaiswal works as Coal Lifter in the Saraipali mines. Another Coal Lifter namely Roshan Singh, Gaurav Singh Thakur, Vasu Thakur, Saurabh Shrivas, Sushant Thakur @ Sijju, Sanskar Thakur, Monty Kashyap, Mukesh Shrivas, Sunil Sagar, Prabhat Dubey, Nilesh Singh Raj, Kailash Kaiwart, Vinod Singh, Vivek Kaushik, Mayank Thakur & others started fighting with the deceased Rohit Jaiswal at the gate of Mines with country made pistol, sword, 'Gupti', knife, and stick etc. It is alleged that the above incident took place in presence of the Station Incharge of Police Station- Pali and the applicant. On the basis of the written complaint made by Anil Jaiswal the Police Station, Pali registered the FIR bearing Crime No. 0114/2025 on 29.03.2025. 3. Shri Kishore Bhaduri, Senior Advocate assisted by Shri Sudhir 3 Kumar Bajpai, learned counsel for the applicant submits that the applicant is an innocent person and he has not committed any offence and he has been falsely implicated in the present case. He would submit that in the zero FIR name of the present applicant was not mentioned but he was named afterwards. He would submit that the applicant is the S.E.C.L. officer and at the time of incident, he was working as General Manager and presently in-charge Sub Area Manager of Saraipali OCM Mines. He would submit that in the past on 15.08.2024, persons namely Shri Roushan Thakur, Saurabh, Lala, Suraj & others of SN Group, Pali had threatened to kill one Shri Roopchand Dewangan, Junior Technical Inspector of Saraipali OCM of SECL, near the office of Sub Area Office, Saraipali OCM of SECL and in consequence of which the present applicant vide order no.590 dated 15.08.2024 debarred the entry of the above named person within the premises of the mines. 3(i) He would submit that there is a known enmity between the two groups of Coal transporters in the Saraipali OCM namely SN Group and MTC Group and the work in the mines also get stalled due to the dispute between the above two groups, in order to prevent such incidences and for smooth functioning of the mines, the present applicant along with other employees of the mines made a written complaint dated 11.03.2025 before the Police Station, Pali District Korba. He would further submit that on 4 23.03.2025 one Mukhtar Ansari, Truck Driver illegally without taking required token parked his truck bearing no.CG 04 JC 4238 in front of the Boom barrier and thereby stalled the passage and working of the mines. Consequent, to which the present applicant vide order dated 23.03.2025 prohibited the entry of the Mukhtar Ansari and the truck bearing no. CG 04 JC 4238 within the premises of the mines. 3(ii) He would further submit that on 28.03.2025 at around 10:00 PM the two transporter groups entered into fight with each other and in consequence of which one Rohit Jaiswal died. The above incident was reported in writing by one Anil Jaiswal to the Pali Police Station, in which it was informed that the deceased Rohit Jaiswal works as Coal Lifter in the Saraipali mines. Another Coal Lifter namely Roshan Singh, Gaurav Singh Thakur, Vasu Thakur, Saurabh Shrivas, Sushant Thakur @ Sijju, Sanskar Thakur, Monty Kashyap, Mukesh Shrivas, Sunil Sagar, Prabhat Dubey, Nilesh Singh Raj, Kailash Kaiwart, Vinod Singh, Vivek Kaushik, Mayank Thakur & others started fighting with the deceased Rohit Jaiswal at the gate of Mines with Country Revolver, Sword, 'Gupti', Knife, and stick etc. and it is alleged that the above incident took place in front of the Station Incharge, Pali and the applicant. 3(iii) He would submit that the present applicant is merely an employee of the SECL, a Public Sector Undertaking Company and at the time of the incident the mines was open and the production of coal was taking place. The applicant only owing to 5 his official capacity was performing his official duties within the premises of the mines on the date of incident and this fact was also well within the knowledge of the Police Station In-charge Vinod Singh and also other officials and employee working in the mines, but, even then the Station in-charge recorded the name of the present applicant in the FIR. 3(iv) He would lastly submit that the applicant has no relation with the accused persons of the said crime and the dispute is between two rival groups; applicant is 55 years old person and is an officer of Public Sector Government Company; in the entire service career no allegation has been made against him; he is suffering from various diseases and his health condition is also very poor; he is ready to abide by all the directions and conditions which may be imposed by the Hon’ble Court; the applicant is permanent resident of address mentioned in the cause title of the bail application and there is no chance of his absconding or tampering the prosecution witnesses, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and he would submit that in this case there are total 16 accused persons including the present applicant. He would submit that witnesses Rajesh Dongre and Suraj Kashyap have stated in their police statements that Sub- Area Surendra Kumar Chauhan present applicant along with 6 others on 28/03/2025, at around 10:20 PM, armed with country- made pistol, gupti, knife and stick, started quarreling with Rohit Jaiswal near the mines gate and allegedly murdered Rohit Jaiswal (deceased). He would further submit that in the postmortem report of deceased Rohit Jaiswal nature of death is shown to be homicidal in nature. 5. With respect to the submission made by learned counsel for the applicant that the applicant was not named in the zero FIR, Shri Jaydeep Singh Yadav, learned counsel for the objector would submit that the applicant was not named in the zero FIR by name but it was mentioned that Thana Prabhari and Sub Area Manager were present at the scene of crime and applicant was the Sub Area Manager. 5(i) He would submit that the deceased Rohit Jaiswal was a coal lifter and was present at the said spot on the fateful day when the applicant along with other persons assaulted the deceased with deadly weapons which led to the deceased sustaining serious injury and succumbed on the spot which is inside the mines premises. 5(ii) He would submit that the enmity of the applicant with the deceased is explicit from the fact that the deceased had preferred a complaint to the Economic Offences Wing, Raipur, Chhattisgarh thereby bringing to their attention the conduct of the applicant and his role in indulging in corrupt practices, illegal blasting, theft and 7 unauthorized transportation of coal, misappropriation & false billings. The said letter/complaint was preferred by the deceased soon before his murder on 20th March, 2025 where it was demonstrated by the deceased as to how the present applicant has in connivance with other criminals was running the mining operation. 5(iii) He would submit that the applicant who is working as an Sub-Area Manager, Saraipali OCM in the SECL Mines and has time and again collaborated and in collusion with the coal mafias has promoted illegal and unauthorized activities in the concerned mines and has successfully installed fear in the mind of the locals and public at large. The complicity and collusion of the present applicant is explicit from the fact that soon after the murder of the deceased, the Collective Labour Unions consisting of 3 major unions had preferred a complaint against the present applicant thereby showing his complicity in providing free hand to the criminals operating there and was working in collusion with them for the illegal coal extraction. 5(iv) It is further submitted that one of the labour union particularly Samyukta Koyla Mazdoor Sangh (AITUC) had in past as well preferred a complaint thereby bringing to notice the corruption, criminal activity rampant in the concerned mines to the Managing Director, SECL Korba dated 30/08/2024. He would further submit that the vindictive attitude of the applicant against the deceased is clear from the fact that soon after deceased's murder, the Sub- 8 Area Manager, Saraipali Open Mines had then passed an order thereby revoking the prohibition order of the truck of the deceased in the mines premises which only goes to show that the deceased was being directly and indirectly targeted to somehow maintain monopoly of criminals operating at the said mines and the said truck of the deceased was prohibited by the present applicant vide order dated 23/3/2025. He would submit that a copy of order dated 30/03/2025 passed by the Sub Area Manager, Saraipali Open Mines thereby revoking prohibition is herein filed. 5(v) He would lastly submit that taking into consideration the nature of crime, specific role in commission of the crime played by the present applicant and other accused persons and investigation is yet to be completed, his application for grant of anticipatory bail is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submission of learned counsel for the parties; nature of allegation levelled against the present applicant in the FIR, considering the fact that witnesses Rajesh Dongre and Suraj Kashyap have stated in their police statement that Sub-Area Surendra Kumar Chauhan present applicant along with others on 28/03/2025, at around 10:20 pm, armed with country made pistol, gupti, knife and stick, started quarreling with Rohit Jaiswal (deceased) near the mines 9 gate and allegedly murdered Rohit Jaiswal; considering the fact that seven days before the death of deceased Rohit Jaiswal he preferred a complaint before the Economic Offence Wing, Raipur, Chhattisgarh against the present applicant regarding applicant’s role in indulging in corrupt practices, illegal blasting, theft and unauthorized transportation of coal, misappropriation & false billings; considering the fact that in the postmortem report of deceased Rohit Jaiswal nature of death is shown to be homicidal in nature; considering the conduct of the applicant and also considering the nature and gravity of offence which is of serious nature, it needs to be investigated properly, therefore in my considered opinion, no ground is made out for grant of anticipatory bail to the present applicant. 8. Accordingly, the anticipatory bail application of the applicant - Surendra Singh Chauhan, involved in Crime No.0114/2025, registered at Police Station Pali, District Korba (C.G.) for alleged commission of offence punishable under Sections 191(2), 191(3), 190, 103(1), 61(2)(a) of B.N.S. 2023 and Section 25, 27 of Arms Act, 1959 is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri