1 2026:CGHC:27428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1019 of 2026 Thakur Dayal Sahu S/o Late Dharmpal Sahu Aged About 48 Years R/o Village Tivragudi, Police Station Ramanujnagar, District Surajpur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Baikunthpur, District Koriya Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.07.2026 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.85/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Baikunthpur, District Koriya (C.G.) for the offence punishable under Sections 316(2), 318(3), 317(4), 111, 3(5) of BNS. 2. Prosecution case in brief is that the complainant alleged that he had rented his tractor-trolley bearing Chassis No. BAF/101/015 to co-accused Vikas @ Vicky Jaiswal in October 2025 at a monthly rent of ₹10,000/-. However, neither was the rent paid nor was the tractor-trolley returned. Subsequently, the complainant came to know that Vikas @ Vicky Jaiswal had sold the tractor-trolley to another person. Accordingly, FIR bearing Crime No. 85/2026 was registered for the offences punishable under Sections 316(2) and 318(3) of the B.N.S.S. During investigation, the memorandum statement of co-accused Vikas @ Vicky Jaiswal was recorded, wherein he disclosed that he, along with co-accused Ajay Gupta, had taken tractors and trolleys on rent from different persons and sold them to various individuals, including the present applicant, Thakur Dayal Sahu. On the basis of the said memorandum statement, the tractor-trolley was recovered and the present applicant was implicated in the alleged offences. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that on the basis of the memorandum statement of co-accused Vikas @ Vicky Jaiswal recorded during investigation and as per the said memorandum, Vikas Jaiswal 3 disclosed that he, along with Ajay Gupta, had sold the tractor- trolley to the applicant for a consideration of Rs.70,000/-. He also submits that the applicant had purchased the tractor-trolley bona fide for use in his brick factory and had no knowledge that it was allegedly a stolen vehicle. Thereafter, he sold the tractor-trolley to Parmatma @ Pintu for a consideration of Rs.65,000/-. He later submits that as per the complainant's own version, the tractor was originally purchased in the year 2015 for Rs.1,20,000/-, whereas the applicant purchased it in October 2025 for Rs.70,000/-. Thus, the applicant claims to be a bona fide purchaser for valuable consideration and contends that there is no prima facie material to show that he had knowledge of the alleged stolen nature of the property or any involvement in the commission of the alleged offences. He lastly submits that two other criminal cases have been registered against the applicant bearing Crime Nos.45/2026 and 32/2026 on similar allegations arising out of his purchase of three vehicles from Vikas @ Vicky Jaiswal and in both those cases, the applicant has already been granted anticipatory bail, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant purchased the complainant's tractor-trolley from co-accused Vikas @ Vicky Jaiswal and Ajay Gupta, knowing it to be part of their fraudulent transactions. The prosecution further alleges that his name surfaced in the memorandum statement of the co-accused, 4 the tractor-trolley was recovered pursuant thereto, and that he has been absconding since the date of the incident. Furthermore, the applicant has total 15 more criminal antecedents other than the antecedents already mentioned in the bail application, out of which, 10 cases are of preventive measures and 5 cases are under the IPC, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant purchased the complainant's tractor-trolley from co-accused Vikas @ Vicky Jaiswal and Ajay Gupta, knowing it to be part of their fraudulent transactions, but considering the criminal antecedents of the applicant, which are 17 in number, out of which, 10 cases are of preventive measures, 5 cases are under the IPC and in 2 cases bearing Crime Nos.45/2026 and 32/2026, the applicant has already been granted anticipatory bail, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Thakur Dayal Sahu, on executing a personal bond with one surety in the like sum to the 5 satisfaction of the arresting Officer, 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 their adhaar card alongwith a colored 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 Akhil