1 2025:CGHC:7744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 222 of 2025 Vijay Kumar Chaturvedi S/o Parwat Das Chaturvedi Aged About 30 Years R/o Ward No. 8, Dhaba Road, Ganesh Para, Motipur, District Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through The P.S. Khursipar Bhilai, District Durg (C.G.) ... Non-Applicant For Applicant : Mr. Varunendra Mishra, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/02/2025 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. 167/2024 registered at Police Station – Khursipar Bhilai, District- Durg, (C.G.) for the offences punishable under Sections 406, 407 of IPC. 2. As per the prosecution case, in brief is that the complainant Sunaina Mahashay has lodged a written complaint before the concerned police station against the Vishal Shahi on 27.08.2024 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 stating therein that her husband namely Ramesh Mahashay has purchased a vehicle TATA SIGRA bearing registration No. PB-02- DEF-6595 from Punjab, thereafter, the vehicle was kept in the yard of Patel and after that one day on 28.05.2024, the Vishal Shahi came to the yard where the vehicle was kept and has taken the aforesaid vehicle in his possession and has not returning the truck upon such basis, the police has lodged F.I.R. against the Vishal Shahi and co-accused for the offence committed under Sections 406, 407 of I.P.C. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in crime in question. He further submits that he has been made accused only only the basis of memorandum statement of co-accused namely Vishal Shahi, who has been committed crime in question. He further submits that there is no recovery made from the possession of the present applicant and further he has no named in the FIR moreover, the co- accused Vishal Shahi has stated in his memorandum statement that on 28.05.2024 at morning about 9:00 to 10:00 AM in the morning his friend Devendra Sahu @ Chhotu @ Prashant, called him to Power house wherein they have with the help of Crane the vehicle which is already damaged and taken for repair to Dasmesh body works at Chikhli wherein after completion of the mechanical work the same is to be delivered to Vijay the present accused. The Vishal Shahi in memorandum statement has stated that he sold the truck to present applicant but there is no any document which shows that there was an agreement for sale and purchase of the truck, 3 although the present applicant has already been implicated in the false case, also there was no money transaction between the applicant and the main accused. He further submits that the co- accused has already been granted bail by the learned trial Court therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the applicant has one previous criminal antecedent for the similar offence however, he has not named in the FIR but he has made accused on the basis of memorandum statement of the co-accused who committed crime in question and further it appears that it is an organized crime. Accordingly, he 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, nature and gravity of offence levelled against the applicant and further the fact that the co-accused has already been granted bail by the learned trial Court and he has been made accused only on the basis of memorandum statement of the co-accused and there is no recovery made from the possession of the applicant and further there is no evidence against him with regard to the involvement of the applicant however, the applicant has one criminal antecedent for similar nature, which has already been disposed off thus, this Court is of the view that the present applicant is entitled to be released on anticipatory bail. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vijay Kumar Chaturvedi, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal