1 2025:CGHC:15008 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 436 of 2025 Vishal Agarwal S/o Late Shri Gopal Prasad Agrawal Aged About 49 Years Proprietor- Anish Food Private Limited, Raipur (C.G.) Address - Ring Road No. 1, Opposite Jayka Automobile, Raipur (C.G.) …. Applicant versus State Of Chhattisgarh Through- Station House Officer, Kotwali, Durg (C.G.) (District- Durg Is Not Mentioned In The Impugned Order) ... Respondent For applicant : Shri Rajeev Shrivastava, Sr. Advocate with Shri Kashif Sakeel, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/03/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.91/2025 registered at Police Station –Kotwali, Durg Civil & GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.29 18:23:17 +0530 2 Revenue District Durg (CG) for the offences punishable under Sections 108, 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that deceased Raviraj Randhawa used to distribute Haldiram products in Durg area by taking dealership from Anish Food Private Limited Raipur (CG) in the name of Radhaji Sales. Being distressed by the mental and financial harassment of the accused Vishal Agarwal (Prop - Anish Food), Sunil Agarwal (Sales OfÏcer Haldiram) & Sachin Sharma (Zonal Manager Haldiram) for not taking back the expired goods and sending other product goods and pressurizing for money, deceased Raviraj Randhawa committed suicide. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He would submit that there is no allegation in the FIR that the applicant instigated the deceased to commit suicide. He would submit that the applicant had regular business transactions with the deceased, and the allegations of not taking back expired goods and pressurizing for payment are false. He would further submit that there is an unexplained delay of 4 months in registering the FIR, which raises doubts about the implication and involvement of the applicant. He would submit that the content of the alleged suicide note is denied as there was no reason for the deceased for committing suicide on account of regular business transactions which were still pending due to receipt of goods from the company to replace the expired goods or make payment. Therefore, learned counsel for the 3 applicant prays that the applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes 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 and circumstances of the case, also considering the fact that though there is a suicide note against the applicant and the co-accused who is the owner of the Haldiram and the deceased has stated in his suicide note that he was not been paid with respect to the items which has expired and it is stated that the expired items are sent to the company whereas the applicant is a stockist, also considering the fact that investigation and trial are likely to take time, without commenting anything on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vishal Agarwal, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The applicant 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. 4 (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri