1 2025:CGHC:9655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 274 of 2025 Md. Irshad Ansari S/o Md. Intaaf Ansari Hoochlu Aged About 25 Years R/o Village Bari, Post Bari, Police Station Chandwa, District Latehar (Jharkhand) ... Applicant(s) versus The State Of Chhattisgarh The Station Of Chhattisgarh, Through S.H.O. Police Station Bagicha, District Jashpur, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Rishikant Mahobia, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 25/02/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.844/2024, registered at Police Station Bagicha, District Jashpur, (C.G.) for alleged commission of offence 2 punishable under Section 411 of the Indian Penal Code (In short, IPC). 2. As per the case of the prosecution, the complainant, Ramdas, is employed as a Roller Helper in the PWD department. About 8-9 months prior to 12.04.2024, he was driving a government roller (D.R.R.-23740) from Sarbokombo to Bagicha when it broke down near Gram-Bhitghara Byauratoli. He left the roller on the roadside. On 18.03.2024, while traveling to his village Lambasingha, he saw the roller still on the roadside. However, on 05.04.2024, when he returned, the roller was missing. An unknown person had stolen it. Ramdas reported the incident to the office and filed a complaint at Bagicha police station. An FIR was registered against unknown accused, and an investigation was initiated. During the investigation, accused Tahir Khan was arrested, and his statement was recorded. He revealed that he, along with co-accused Tanveer Ansari and Jilani Ansari, conspired to steal the roller from the roadside. They used a crane from Ambikapur to load the roller onto a truck and sold it at a scrap dealer's shop in Jharkhand. The applicants have sold it to present applicant and got Rs.9,000, out of which Rs.8,500/- was spent on food and rest of Rs.500 recovered from Tahir Khan. The stolen roller belongs to the PWD department and is government property. Further investigation revealed that Jilani Ansari brought the crane from Ambikapur, while Tanveer Ansari loaded the roller onto his truck, and Md. Irshad Ansari sold it at his scrap dealer's shop. 3 3. Learned counsel for the applicant submits that the applicants are innocent and have falsely been implicated in the present case. He further submits that two of the identically situated co-accused persons have already been granted bail, co-accused, Gulam Jilani Ansari has been granted anticipatory bail by learned trial Court vide order dated 03.02.2025 and co-accused, Tanveer Ansari has been granted regular bail by this Court vide order dated 14.01.2025 in MCRC No.298 of 2025. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the co-accused persons were conspired to steal the vehicle in question i.e. road roller from roadside, loaded it onto a truck, transported it to Jharkhand and sold it to present applicant, who is a owner of junk shop, therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that he purchased the stolen road roller from the co-accused persons, the co-accused persons were conspired to steal the vehicle in question i.e. road roller from roadside, loaded it onto a truck, transported it to Jharkhand and sold it to present applicant, who is a owner of junk shop, so far as co- 4 accused are concerned, though the co-accused persons have been granted bail, but co-accused, Gulam Jilani Ansari has been granted anticipatory bail by learned trial Court and co-accused, Tanveer Ansari has been granted regular bail not anticipatory bail, further the case of present applicant is distinguishable from that of the co-accused persons, as such, I am not inclined to grant anticipatory bail to the applicant. Accordingly, the anticipatory bail application of the applicant - Md. Irshad Ansari, involved in Crime No.844/2024, registered at Police Station Bagicha, District Jashpur, (C.G.) for alleged commission of offence punishable under Section 411 of IPC is rejected. Sd/- (Ramesh Sinha) Chief Justice Abhishek