01Facts
The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 415/2026, registered for alleged offences under Sections 303(2), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
p. 1The prosecution alleged that a stolen Trip-Trailer was sold to the applicant, who later delivered it to Mohammad Zakir Ali; it also relied on an alleged sale agreement and a deposit of ₹1,00,000 in a co-accused’s bank account.
p. 2The applicant claimed to be a bona fide purchaser unaware that the vehicle was stolen, while the State opposed bail, relying on a co-accused’s memorandum statement alleging the applicant knew the vehicle was stolen.
pp. 2–3This was the applicant’s second anticipatory-bail application.
p. 102Issues
i.Whether the applicant was entitled to anticipatory bail in the circumstances of the case
pp. 1, 3–4ii.Whether the applicant’s claimed bona fide purchase and asserted lack of knowledge that the Trip-Trailer was stolen supported granting anticipatory bail
p. 303Law Applied
The Court considered the applicant’s request under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for anticipatory bail, in relation to the alleged offences under Sections 303(2), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
p. 1It cited no precedent or further legal test; the decision rested on the facts and circumstances, the nature of the allegations, and the parties’ submissions.
p. 3Provisions in the judgment · 4 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482
Bharatiya Nyaya Sanhita, 2023 Section 303Section 317Section 3
04Reasoning
The Court considered the allegation that the applicant had purchased and disposed of the stolen Trip-Trailer, the prosecution’s reliance on the co-accused’s statement, and the applicant’s claim that he was a bona fide purchaser who did not know the vehicle was stolen.
pp. 2–3On consideration of the circumstances and nature of the allegations, the Court accepted the applicant’s asserted lack of knowledge for the purpose of deciding the bail application and found anticipatory bail appropriate, without expressing any opinion on the merits.
p. 305Holding
The Court allowed the application and directed that, in the event of arrest in the specified crime, the applicant be released on anticipatory bail upon executing a personal bond of ₹25,000 with one surety in the like sum.
p. 3The applicant must cooperate with interrogation when required, refrain from influencing persons acquainted with the case, avoid conduct prejudicial to a fair and expeditious trial, and appear before the trial court on each date fixed.
pp. 3–4Original Court PDF
HARCHARAN SINGHvsSTATE OF CHHATTISGARH
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