1 2025:CGHC:11472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 336 of 2025 Lav Kumar Yadav, Aged About 38 Years, S/o Shri Lalla Ram Yadav R/o Kekti, Rajpur, Bilaspur, District Bilaspur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Civil Lines, District Bilaspur Chhattisgarh. ... Respondent For Applicant : Shri Himanshu Sinha, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.1278/2024 registered at Police Station – Civil Lines, District Bilaspur (C.G.) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.10 11:14:49 +0530 2 the offence punishable under Sections 3, 7 of Essential Commodity Act, 1955. 2. The prosecution's case, in brief, is that a memorandum has been filed by Shri Mangesh Kant, Food Inspector, District Bilaspur dated 23/12/2024 alleging that the applicant, the proprietor of Sharda Gas Services (an Indane distributor) located at Old High Court Road, Bilaspur (C.G.), and another person, Lav Kumar Yadav (S/o Dindayal Yadav), were illegally hoarding and distributing domestic gas cylinders from an unauthorized premises. It is primarily alleged that on 15.12.2024, a fire broke out during repair work at Baldau Kitchen Care, located in Chantidih, Sarkanda, Bilaspur, resulting in severe burns to a 14 year old child. Upon recording the statement of the owner of Baldau Kitchen Care, Shri Baldau Sahu, he disclosed that he had obtained the domestic gas cylinder (14.2 kg) from the co-accused Subhash Jaiswal distribution agency. Based on this input, the Food Department, Bilaspur, conducted an inspection at the premises of applicant, located in Mahamaya Park Colony, Mangla, Bilaspur (C.G.). During the inspection, it was found that Sharda Gas Services was operating a counter from the said premises, where an employee named Pushpa Markam was working. Items such as a weighing machine, 18 partially filled 14.2 kg domestic cylinders and 12 fully filled 14.2 kg domestic cylinders were found on the premises. It was further alleged that Sharda Gas Services regularly stocks 20-25 gas cylinders at this unauthorized premises and carries out distribution activities from there. Additionally, it was alleged that gas cylinders were sold to 3 unauthorized persons from this location, violating Clauses 3, 4, 6, 7, and 9 of the Liquid Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. As a result, an FIR was registered under Sections 3 and 7 of the Essential Commodities Act. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that he is only an employee of the agency. He further submits that the other co-accused person namely, Subhash Jaiswal who is distributor has already been granted anticipatory bail by this Court in MCRCA No. 36/2025, vide order dated 17/01/2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and also the fact that other co-accused person namely, Subhash Jaiswal who is a distributor has already been granted anticipatory bail by this Court in MCRCA No. 36/2025 vide order dated 17/01/2025 and the applicant who is only an employee, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Lav Kumar Yadav, on executing a personal bond and one surety in the like sum to the 4 satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri