Pre-arrest bail granted based on prior clean antecedents and custody during alleged incident.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

5 21-01-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Arwal P.S. Case No. 524 of 2023, registered for the offences punishable under Sections 409 and 379 of the BNS, 2023.

3. The police in course of vehicle checking intercepted two tractors laden with illegal sand, leading to institution of the Arwal P.S. Case No. 522 of 2023. The petitioner on being found owner of one of the tractor, he was taken into custody. The seized tractor was kept in a field by entrusting to Chaukidar, however, later on, the tractor has been allegedly taken away by the driver and its owner.

Court through the FIR contended that once the petitioner was arrested in connection with transportation of illegal sand and the said tractor was also seized in connection with Arwal P.S. Case No. 522 of 2023, there was no occasion for the petitioner that he stealthily taken away the tractor. In fact some other persons might have caused disappearance of the tractor, but on account of the petitioner being owner of the tractor, in question, his name has been implicated in this case, so that the Chaukidar to whom the entrustment was made any how saved from penal action. The petitioner has no concern with the subsequent occurrence of theft of his own tractor. So far the earlier case bearing Arwal P.S. Case No. 522 of 2023 is concerned, now the petitioner has been released from custody. Prior to the institution of the Arwal P.S. Case No. 522 of 2023, the petitioner had absolutely clean antecedent and he undertakes that he will fully co-operate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.

6. Having considered the submissions advanced by fact that the date on which the tractor, in question, was taken away, the petitioner was in judicial custody in connection with Arwal P.S. Case No. 522 of 2023 and prior to that, the petitioner had absolutely fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Arwal in connection with Arwal P.S. Case No. 524 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita , 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)