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2026 DAILYLAW 26586 (CHH)

ABDUL SAFDER SIDDIQUE v. STATE OF CHHATTISGARH

MCRCA/1054/2026 · 2026-07-12

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Judgment text

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1 CGHC010260142026 2026:CGHC:29345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1054 of 2026 Abdul Safder Siddique S/o Abdul Sattar Siddique Aged About 37 Years R/o Chandan Awas Rajkishore Nagar, Mopka, Bilaspur, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Amanaka, Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Aniruddh Singh along with Mr. Samyak Singhai Jain, Advocates. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.07.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant who is apprehending his arrest in connection with Crime No.124/2025 registered at Police Station – Amanaka, District Raipur (C.G.) for the offence punishable under Section 318(4) of BNS, 2023. 2. As per the prosecution case, the complainant had booked an SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.14 10:49:07 +0530 2 Alto K-10 VXI car under an auto expo offer and paid Rs.11,000/- as booking amount. Thereafter, he approached the showroom and handed over Rs.5,00,000/- in cash to the Applicant/accused, who was working as a salesman, towards purchase of the vehicle. Out of the said amount, only Rs.1,85,000/- was deposited in the showroom and a receipt was issued, while the remaining amount of Rs.3,04,000/- was allegedly taken by the Applicant on the assurance of depositing the same and providing a final receipt. When the complainant visited the showroom to take delivery of the vehicle, he came to know that the remaining amount was not deposited and the Applicant had stopped attending the showroom. Accordingly, the present Applicant has been implicated in the alleged commission of the offence. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that the Applicant was merely working as a Sales Agent in the showroom and had no authority over the accounts or financial affairs of the establishment. It is further submitted that the dispute arose out of a commercial transaction relating to purchase of a vehicle and is essentially civil in nature and the complainant has already received 3 delivery of the vehicle and no complaint has been made by the showroom authorities regarding any alleged misappropriation or fraud by the Applicant. It is further submitted that the Applicant is suffering from a serious medical condition, has undergone multiple surgeries and requires continuous medical treatment and supervision. It is lastly submitted that the Applicant has no criminal antecedents, has cooperated with the investigation and there is no likelihood of his absconding or misusing the liberty and therefore, he may be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the grant of anticipatory bail to the Applicant and submits there are no previous criminal antecedents against the present Applicant. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case diary, the fact that the Applicant was working as a Sales Agent in the showroom and the dispute appears to have arisen out of a commercial transaction, the fact that the complainant has already received delivery of the vehicle, there is no complaint by the showroom authorities against the Applicant regarding any misappropriation or fraud, the medical condition of the Applicant requiring continuous treatment, his clean antecedents and his undertaking to 4 cooperate with the investigation, without expressing any opinion on the merits of the case, this Court is of the considered opinion that it is a fit case to grant the benefit of anticipatory bail to the Applicant. 6. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Abdul Safder Siddique, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant/s 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/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya