Vinod Kamdar vs. State Of Chhattisgarh

Facts

This case involves an anticipatory bail application filed by Vinod Kamdar, who apprehends arrest in connection with Crime No. 333/2025 registered at Police Station Akaltara for offences under Sections 316(3), 317(5), and 318(4) of the Bharatiya Nyaya Sanhita. The prosecution's case is that a rice mill owner reported that a truck loaded with 35.100 tonnes of rice, worth Rs. 11,52,190, disappeared on July 13, 2025, while being transported to Vapi, Gujarat. The driver and transporter were unreachable. It was later discovered that the truck's number plate might have been used on another vehicle, and the rice was stolen. The applicant, Vinod Kamdar, a grain merchant, was implicated. A notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita was served on his brother during the investigation.

Held

The Court allowed the anticipatory bail application. The Chief Justice considered the facts and circumstances, the submissions of both parties, and the material on record. The Court noted the allegation against the applicant, a grain merchant, was that he purchased stolen rice. Crucially, the applicant had no criminal antecedents. Furthermore, acknowledging that the investigation and trial were likely to take time, the Court found it inclined to grant anticipatory bail. The operative direction was that upon executing a personal bond and furnishing one local surety to the satisfaction of the arresting officer, the applicant shall be released on bail, subject to several conditions including not inducing witnesses, not acting prejudicially to the trial, appearing before the trial court on all dates, submitting identity documents, and not involving himself in similar offences in the future.

Key Issues

1. Whether the applicant is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations of purchasing stolen rice and the potential for arrest. The applicant's counsel argued that the applicant has been falsely implicated. He contended that the applicant is a bona fide trader with 25-30 years of experience, running Vinod Traders, duly registered under GST and licensed by the Agriculture Mandi Board. All transactions, including the purchase of alleged stolen rice on July 22-23, 2025, were recorded in his books of accounts and made through legitimate bank transactions from a known supplier, Kamlesh @ Ramkalesh Gupta. The applicant is a permanent resident with no likelihood of absconding or tampering with evidence, thus meriting anticipatory bail. The State counsel opposed the prayer for anticipatory bail, noting that the applicant has no criminal antecedents.