Rajesh Kumar Chaubey vs The Station House Officer, Police Station Hodal & Anr.

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking the relief of transit anticipatory bail.

The petitioner is arrayed as the accused in FIR No.249 of 2026 on the file of Hodal Police Station, Palwal District, Haryana registered for the offences punishable under Sections 13(1), 17 and 5 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (for short, “HGSG Act”).

Heard Mr.T.C.K.Singh, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor representing the respondent-State.

Learned counsel appearing for the petitioner submitted that the petitioner is engaged in the business of logistics and transportation, facilitating the booking and movement of commercial vehicles for the transportation of goods across various States in India. It was contended that, in FIR No.249 of 2026 by the Hodal Police Station, Palwal District, Haryana, the police authorities approached the petitioner with the intention of taking him into custody in connection with the said crime. However, the local police officials intervened and insisted that the investigating agency should proceed only in accordance with law and upon obtaining appropriate orders from the competent Court. It was further submitted that the petitioner has a bona fide intention to surrender before and seek appropriate relief from the Court having territorial jurisdiction over the FIR. Nevertheless, he entertains a genuine and reasonable apprehension that he may be arrested during the interregnum, even before he is able to approach the competent Court in the State of Haryana. Therefore, the petitioner seeks the limited protection of transit anticipatory bail solely to enable him to approach the jurisdictional Court and avail himself of the statutory remedy available under Section 482 of the BNSS.

Per contra, the learned Additional Public Prosecutor opposed the petition. He submitted that, upon receipt of the present application, the prosecution had addressed a communication to the Director General of Police seeking detailed information regarding Crime No.249 of 2026 registered by Hodal Police Station, Palwal District, Haryana. However, as no instructions or records had been received from the investigating agency despite such communication, the prosecution was unable to place any substantive material before this Court regarding the precise role allegedly attributed to the petitioner. In those circumstances, while opposing the grant of relief, the learned Additional Public Prosecutor fairly submitted that the application for transit anticipatory bail may nevertheless be considered on its own merits and in accordance with law.

I have considered the rival submissions advanced by the learned counsel and carefully perused the material available on record.

A perusal of the material placed before this Court reveals that, according to the entries in Crime No.249 of 2026 registered by Hodal Police Station, Palwal District, Haryana, on 23.06.2026, acting upon credible information, the police intercepted and inspected a lorry bearing Registration No. GJ-04-AW-0023, allegedly found transporting beef in contravention of the applicable statutory provisions. On the basis of the material collected during the inspection, criminal proceedings were initiated against the driver of the said vehicle.

Significantly, neither the First Information Report nor the material presently available before this Court discloses any specific allegation implicating the petitioner in the alleged commission of the offence. The petitioner's name does not find place either in the FIR or in the contemporaneous material produced by the prosecution. The only circumstance projected against him is that, in the ordinary course of his logistics business, the transportation of the concerned vehicle had allegedly been arranged through him. At this stage, there is no prima facie material to demonstrate that the petitioner had any knowledge of, participated in, or conspired in the alleged illegal transportation. Mere involvement in arranging transportation, in the absence of material indicating conscious participation, criminal intent, or knowledge, cannot by itself constitute sufficient ground to infer complicity in the alleged offence. Thus, as on date, the material available before this Court does not disclose any tangible basis connecting the petitioner with the alleged illegal transportation.

The Hon'ble Supreme Court in Priya Indoria v. State of Karnataka, 2023 INSC 1008, authoritatively held that High Courts and Courts of Session possess the jurisdiction to grant transit anticipatory bail in suitable cases where the interests of justice so require, particularly to preserve the constitutional guarantee of personal liberty and to facilitate effective access to legal remedies. The Court observed that such protection is intended to be temporary and is granted only to enable the applicant to approach the competent Court having territorial jurisdiction over the offence.

Having regard to the totality of the circumstances, the absence of any substantive incriminating material against the petitioner at this stage, the constitutional imperative of safeguarding personal liberty and the settled principles governing the grant of transit anticipatory bail, this Court is of the considered opinion that the petitioner has made out a fit case for grant of limited transit anticipatory bail, solely to enable him to approach the competent Court having territorial jurisdiction over the matter and seek appropriate relief in accordance with law. Such protection is purely temporary in nature and shall not be construed as an expression on the merits of the allegations or as an impediment to the jurisdictional Court independently considering the petitioner's application in accordance with law.

For the aforesaid reasons, this Criminal Petition is allowed by granting transit anticipatory bail subject to following conditions;

Miscellaneous applications, if any pending, shall stand closed.