1 2025:CGHC:32274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1012 of 2025 Zaharuddin Khan S/o Haji Abdul Rashid Aged About 48 Years R/o Mahamaya Road (Near Samlaya Mandir), Thana And Tehsil Ambikapur, District Sarguja, C.G. ... Applicant versus State of Chhattisgarh Through Station Officer Chando District Balrampur- Ramanujganj Ambikapur, C.G. ... Non-applicant For Applicant : Ms. Hamida Siddiqui, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.07.2025 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. 14/2025 registered at Police Station – Chando District Balrampur-Ramanujganj, Ambikapur, (C.G.) for the offences punishable under Sections 281, 125(A), 125(B), 105 of Bharatiya Nyaya Sanhita and section 39/192, 56/192, 190(2-B), 184, 180, 146/196, 119/177, 66/192 of the Motor Vehicles Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution’s case, in brief, is that the complainant Hemant Kujur lodged a complaint at Police Station Balrampur, which was registered as a zero FIR and later transferred to Police Station Chando as Crime No. 14/2025. He alleged that Bus No. CG 15 A 7322 was being used to transport around 60–65 wedding guests from Dharanagar to Bargarh, Jharkhand far beyond its capacity. On 15.05.2025, while passing through the newly constructed and dangerous Kanthighat road, the driver, despite knowing the vehicle’s poor condition and overloaded state, drove recklessly and lost control, causing the bus to fall off the slope. The accident resulted in the death of three persons, including the complainant’s wife, and injuries to approximately 45 others. The complainant also sustained injuries. Based on this, offences were registered, and the matter was taken up for investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case merely on account of being the previous registered owner of Bus No. CG 15 A 7322, which had already been sold on 05.07.2022 to Smt. Usha Gupta, W/o Rajesh Kumar Gupta, through a valid sale agreement, and the ownership transfer documents (Form 29 and 30) were duly submitted to the competent Regional Transport Authority. She further submitted that the applicant had neither possession nor control over the said vehicle at the time of the incident, nor was the alleged driver employed or authorized by him. She also submitted that the implication of the applicant in the FIR appears to be a result of administrative delay in updating the RTO 3 records and not due to any material evidence suggesting his involvement. Further, no direct act, role, or conspiracy has been attributed to the applicant in the commission of the offence. Hence, she prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, appearing for the non - applicant/State opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the applicant is neither the owner nor in possession of the vehicle at the time of the alleged incident, and that Bus No. CG 15 A 7322 had already been validly sold on 05.07.2022 to Smt. Usha Gupta, W/o Rajesh Kumar Gupta, with all relevant transfer documents (Form 29 and 30) duly submitted to the Regional Transport Authority, there is no legal basis to hold the applicant responsible for the unfortunate incident. The vehicle was under the ownership and control of Smt. Usha Gupta at the relevant time, and the applicant had no connection whatsoever with the driver or with the use of the vehicle post-sale. Further, though the accident resulted in the tragic death of three persons and injuries to several others, but there is nothing on record to suggest any direct or indirect role, knowledge, or involvement of the applicant in causing or contributing to the 4 incident. The applicant has been unnecessarily implicated due to an administrative delay in updating RTO records. 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 – Zaharuddin Khan, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she 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 her from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of her 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan