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2025 DAILYLAW 50178 (CHH)

SHOAIB JAFER v. STATE OF CHHATTISGARH

MCRCA/1208/2025 · 2025-08-10

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Judgment text

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1 2025:CGHC:40209 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1208 of 2025 Shoaib Jafer S/o Late Masoor Ahmad Aged About 36 Years R/o Sadar Road Barejpara P.S. Ambikapur District- Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Bagbahra Chowki Kotba District- Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Nishi Kant Sinha Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 11.08.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.124/2024, registered at Police Station – Bagbahra, District – Jashpur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 379 of the Indian Penal Code (for short IPC). 2. The case of the prosecution in brief is that complaint Ashish Sharma lodged a written report that on 12.08.2024 an RC book was received through courier in which registration number CG 29 AG 1344 and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.12 11:30:57 +0530 2 registration date 06.02.2024 is mentioned, which is financed by Hinduja Leyland Finance and according to him neither he nor his family member has purchased any vehicle of any kind during said year, nor his original documents were used by any of his relative to purchase the vehicle. Someone has misused these documents, photocopy of which were kept in the scooty trunk. On the basis of said complaint F.I.R was registered and co-accuse Manish David, Shahrukh, Wasim Akram @ Bablu were arrested and made accused. As per the memorandum of the accused persons they have confessed that they have stolen the documents and got financed the vehicles and thereafter sold the same to several persons including the present applicant who is owner of Automobile Shop dealing in sale and purchase of in second hand vehicles. Hence this offence. 3. The present applicant has neither committed nor participated in any act constituting the alleged offences and has, in fact, been threatened by the police of P.S. Bagbahra to implicate him in the present matter, despite being a victim himself who has lodged several complaints against co-accused Shahrukh for selling him five second-hand Royal Enfield motorcycles and taking advance payment for three scooters without returning the money. He is also a victim and witness in Crime No. 555/2024 at P.S. Ambikapur against the co-accused persons, and in his statement under Section 161 Cr.P.C., he has admitted to having purchased the vehicles without knowledge of their being stolen. Being the owner of a registered shop dealing in second-hand vehicles, the applicant purchased them bona fide, without knowledge of any fraudulent origin. There is no allegation of his involvement even in the memorandum of co-accused persons, and although a seizure was 3 made from him, he was not made an accused in the charge sheet; yet the police are attempting to arrest him merely to harass and falsely implicate him. The applicant is a permanent resident of the address mentioned in the cause title, undertakes not to abscond or tamper with evidence, and is ready to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and the material on record, and upon perusal of the case diary, it appears that the accused in this case obtained the Aadhaar card, photograph, and other documents of an unknown person without his consent and, on the basis of the said documents, purchased a vehicle on finance in the name of that person. Thereafter, the said vehicle was sold, and the profit obtained was divided among the applicant and other co-accused persons. It is further alleged that the applicant also used to purchase such vehicles. Furthermore, the bail applications of co-accused Wasim Akram and Shahrukh Khan have already been rejected by this Court vide order dated 26.06.2025, passed in MCRC No. 2487/2025. Therefore, after considering the manner in which the alleged offence was committed and its effect, as well as the memorandum statements of other co-accused and the seizures made in the case, I am not inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the anticipatory bail application of the applicant – Shoaib Jafer, involved in Crime No.124/2024, registered at Police Station – Bagbahra, District – Jashpur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 379 of the Indian Penal Code (for short IPC), is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav