Seikh Nizam @ Nizamuddin vs State of C.G.

Pritinker Diwaker, J.—Heard counsel for the parties.

The applicant has filed this application u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No. 174/2009 registered at Police Station Bhilai Nagar for the offence punishable u/s 406 of the Indian Penal Code.

Case of the prosecution in brief is that on 24-6-2008 a report was lodged by one Prema alias Premlal Chouhan alleging that the applicant took his Tata S Delivery vehicle on 18-3-2008 after giving an assurance that it would be attached to some company and thereby he would earn some regular monthly income. Further case of the prosecution is that though more than one year has expired yet the vehicle has not been returned to him.

Counsel for the applicant submits that the vehicle in question was given to the applicant for sale and the same has been sold to one Nadim Khan and the entire consideration has been paid to the complainant. It is further submitted that said Nadim Khan has re-sold the vehicle to one Suhel Khan from whom the same has been recovered. It is submitted by the counsel for the applicant that the applicant has just helped the complaisant in the sale of the vehicle but he has been falsely implicated in the case on account of some dispute in the transaction.

On the other hand counsel for the Respondent/State opposes the application for anticipatory bail.

After hearing counsel for the parties and considering the facts and circumstances of the case and the fact that the vehicle in question was given to the applicant on 18-3-2008 and the report was lodged on 24-6-2008, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a bond in the sum of Rs. 10,000 with one surety for the like sum to the satisfaction of the officer arresting him. He shall abide by all the terms and conditions laid down in Section 438(2) of the Code of Criminal Procedure.

This order shall be operative for a period of 60 days from today. During this period, the applicant shall apply for regular bail u/s 439 of the Code of Criminal Procedure, before the competent Court.

Certified copy as per rules.