Anticipatory bail granted to alleged vehicle helper on parity with the bailed driver.

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apprehending arrest in Crime No. 04/2026 registered at Police Station Singhoda, District Mahasamund, for offences under Sections 110, 125(a), 287 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 4 of the Prevention of Damage to Public Property Act, 1984, and Section 8(b) of the National Highways Act, 1956.

The prosecution alleged that on 12 January 2026, a vehicle carrying approximately 50–60 LPG cylinders caught fire and exploded while travelling on National Highway 53 at Village Chhuipali. The incident allegedly endangered persons, vehicles, houses and shops in the vicinity, damaged highway infrastructure and disrupted traffic for approximately 6–7 hours. The vehicle driver, Shailendra Singh Chauhan, allegedly identified the applicant as his associate/helper and stated that Manish Nabariya was the vehicle owner.

The applicant contended that he was only a companion/helper and was not driving or handling the vehicle. He relied on the anticipatory bail granted to co-accused Shailendra Singh Chauhan, the driver, and regular bail granted to co-accused Devilal Joshi and Pukhraj Joshi. He further submitted that the investigation was complete, the charge-sheet had been filed, custodial interrogation was unnecessary, and the trial would take considerable time.

The State opposed the application.

The applicant’s earlier anticipatory bail application had been rejected by the First Additional Sessions Judge, Saraipali, on 10 August 2026, principally on the grounds of alleged abscondence and prima facie involvement.

Whether the applicant, who was allegedly a companion/helper and not the driver of the LPG-cylinder vehicle, was entitled to anticipatory bail in view of the allegations and the offences registered against him?

Whether the applicant was entitled to the benefit of parity with co-accused persons who had already been granted anticipatory or regular bail?

Whether completion of investigation, filing of the charge-sheet and the anticipated delay in trial justified granting anticipatory bail?

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing anticipatory bail, in the context of offences under Sections 110, 125(a), 287 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 4 of the Prevention of Damage to Public Property Act, 1984, and Section 8(b) of the National Highways Act, 1956.

The governing principles were the assessment of the nature of the allegations, the applicant’s specific role, the requirement or otherwise of custodial interrogation, parity with similarly placed co-accused, and the likelihood of delay in conclusion of trial. No separate judicial precedent was relied upon in the order.

The Court considered the applicant’s alleged role to be material because he was described as a companion/helper rather than the driver who was primarily attributed responsibility for the negligent transportation of the LPG cylinders.

The Court also attached significance to the fact that the driver, Shailendra Singh Chauhan, had already been granted anticipatory bail, while other co-accused had been granted regular bail, supporting the applicant’s claim of parity.

Since the investigation had been completed and the charge-sheet filed, the Court found no apparent necessity for custodial interrogation. Taking these circumstances together with the likelihood that the trial would take considerable time, the Court held that the case was fit for anticipatory bail, without expressing any opinion on the merits.

The Court directed that, in the event of arrest, Vikesh Chaurasia @ Bikesh Kumar Chaurasia be released on bail upon execution of a personal bond with one surety in the like amount to the satisfaction of the arresting officer.

The relief was subject to conditions that the applicant must not influence or threaten witnesses, prejudice a fair and expeditious trial, appear before the trial Court on every date, furnish the prescribed Aadhaar-card and photograph documents for verification, and not commit any similar offence in future.