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Judgment
Hon’ble Shri Justice Parth Prateem Sahu
Applicant has preferred second bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 415/2026 registered at Police Station- Kotwali, District Raigarh (C.G.) for offence punishable under Sections 303(2), 317(5) and 3(5) of BNS.
Case of the prosecution, in brief, is that Trip-Trailer bearing registration No. CG-12/BK-3140 was allegedly stolen between 27.07.2026 and 28.07.2026, and the FIR was initially registered against an unknown person. During investigation, co-accused Rahul was apprehended and, on the basis of his memorandum statement, name of the present applicant surfaced. It is alleged that Rahul and his associates brought the stolen Trip-Trailer and thereafter the same was sold to the applicant. The prosecution further alleges that the Trip-Trailer was subsequently delivered to Mohammad Zakir Ali and an amount of ₹1,00,000/- was deposited in Rahul's bank account. The prosecution relies upon the alleged transaction/sale agreement between the applicant and Mohammad Zakir and alleges that the applicant was involved in disposal of the stolen Trip-Trailer.
Learned counsel for the applicant submits that the applicant has not committed any offence as alleged and the applicant was falsely implicated in the crime in question. She contended that the allegation against the applicant is that the applicant has purchased Trip-Trailer which is the vehicle theft by other co-accused persons. Applicant was not aware about the conduct and act and also the crime committed by other co-accused persons of stolen the Trip-Trailer. Applicant is bonafide purchaser, therefore the benefit of anticipatory bail may be extended to him.
Learned State counsel oppose the submission of learned counsel for applicant and submits that the applicant is named by Pawan Deep/co-accused in his memorandum statement alleging the applicant was aware about the fact that the Trip-Trailer was stolen one.
I have heard learned counsel for the respective parties and also perused the documents enclosed along with bail application.
On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, further considering that applicant is bonafide purchaser and was not aware about the fact of stolen Trip-Trailer, without commenting anything on merits, I am inclined to allow this anticipatory bail application.
Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the aforementioned crime number, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹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:
that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;
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;
that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and
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.
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