Nafr High Court
Case Details
1 2025:CGHC:14583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 419 of 2025 Akash Jaiswal S/o Bhola Jaiswal Aged About 35 Years R/o Patpariya, Police Station And Tahsil - Ambikapur, Distt.- Surguja (C.G.) versus ... Applicant State of Chhattisgarh Through, Station House OfÏcer, P.S. - Manipur, Distt.- Surguja (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Sanjay Pathak, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 26.03.2025 Order on Board 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 69/2025 registered at Police Station – Manipur, District- Surguja, (C.G.) for the offences punishable under Section 316(3) of the Bharatiya Nyay Sanhita, 2023. 2. The prosecution story, in brief, is that on 25.02.2025, the complainant, Alok Kumar Bansal, submitted a written complaint at Manipur Police Station, stating that he is a resident of Banaras RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Chowk, Ambikapur, behind Dutta Colony, Rajmohani Bhawan, and runs a transport business under the name New C.G.U.P. Freight Carrier, Namnakala, Ambikapur. On 20.02.2025, he received a call from the applicant, Akash Jaiswal, son of Bhola Jaiswal, a resident of Patparia, Ambikapur, informing him that vehicle number CG15DD 9483 (14-wheeler) was available for loading. Accordingly, the complainant arranged for the vehicle to be loaded at B.M. Foods Rice Mill, Bhittikala, Ambikapur, with 600 sacks weighing 300.60 quintals, valued at Rs. 10,26,282/-, destined for Bhanu Pratap Industries, Pratapgarh, UP. When the vehicle failed to reach Pratapgarh by 24.02.2025, the complainant received a call from the party informing him that the vehicle had not yet arrived. The driver, Jaiprakash Kumar, son of Arun Ram, a resident of Patna, Bihar, whose mobile number is 8580497450, had his phone switched off. Upon calling the vehicle owner, Akash Jaiswal, on mobile number 8770952295, he informed the complainant that the vehicle had broken down and was parked at Tengna Turn. Despite claiming that the vehicle was being repaired and would reach Pratapgarh by the morning of 25.02.2025, the complainant received another call from the party on 25.02.2025, stating that the vehicle had still not arrived. The complainant then provided the party with the mobile number of the vehicle owner, but Akash Jaiswal failed to provide a clear answer regarding the whereabouts of the vehicle. Upon further inquiry with his acquaintances at Tengna Turn, the complainant discovered that the vehicle was not there. Based on the written complaint of the complainant, an FIR under Section 316(3) of the 3 BNS was registered against the driver, Jaiprakash Kumar, of vehicle number CG15DD 9483, at Manipur Police Station, Ambikapur, in Crime No. 69/2025, and the concerned police are seeking to arrest the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has not committed the alleged offence, the actual facts are that the applicant received information via WhatsApp regarding an empty vehicle bearing registration number 9483, driven by Jaiprakash Kumar, S/o Arun Ram, R/o Patna (Bihar), whose mobile number is 8580497450, which was headed to Pratapgarh, UP. The applicant merely forwarded this message to his WhatsApp group, following which the complainant, after seeing the message, directly contacted the driver and arranged for the goods to be loaded. The applicant has no further information about the incident and is in no way involved. He further submits that he is neither the owner of the vehicle nor did he arrange for the loading of the goods. Despite this, the police are attempting to arrest the applicant by making him a co-accused without any legal basis. Therefore, the applicant prays that he may kindly be granted anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that despite assurances from the applicant, Akash Jaiswal, regarding the delivery of goods loaded on vehicle number CG15DD 9483, the vehicle did not reach 4 its destination, and the whereabouts of both the vehicle and the goods remain unknown. The driver, Jaiprakash Kumar, has been untraceable, and the applicant has failed to provide any satisfactory explanation, therefore, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the applicant had no direct involvement in the alleged offence, he merely forwarded information about the availability of an empty vehicle, and the complainant independently contacted the driver and arranged for the loading of goods, the applicant neither owns the vehicle nor participated in the transaction, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Akash Jaiswal, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) 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 from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be 5 prejudicial to fair and expeditious trial. (c) 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. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan