1 2025:CGHC:3179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 36 of 2025 Subhash Jaiswal S/o Ganesh Prasad Jaiswal Aged About 62 Years R/o- Old High Court Road, Shankar Bhawan, P.S.- City Kotwali, Distt- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S.- Civil Lines, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Himanshu Sinha, Advocate. For Non-Applicant/State : Mr. S. S. Baghel, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01 .202 5 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 the offence punishable under Sections 3 and 7 of Essential Commodities Act, 1955. 2. The prosecution's case, in brief, is that a memorandum has been filed by Shri Mangesh Kant, Food Inspector, District Bilaspur, bearing No. 379/्ቚकरण/खा्ቕ/2024, dated 23.12.2024, alleging that RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.20 10:48:49 +0530 2 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 applicant’s distribution agency. Based on this input, the Food Department, Bilaspur, conducted an inspection at the premises of co-accused Shri Lav Kumar Yadav, 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 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 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the applicant is the proprietor of Sharda Gas Services, an Indane (LPG) distributor for Indian Oil Corporation, operating legally from its registered ofÏce at Old High Court Road, Bilaspur, for the past 35 years. He is also the President of the Bilaspur Rasoi Gas Vitrak Sangh. He further submits that the premise at Mahamaya Park Colony, Mangla, Bilaspur, alleged to be used for illegal stocking, is only an online booking counter to facilitate gas cylinder orders, as mandated by the gas company. No hoarding or distribution occurs there. Distribution is carried out from the applicant’s authorized godown at Kapil Nagar, Sarkanda, Bilaspur.3. The applicant supplies cylinders only to customers with valid gas cards and orders, with no involvement in illegal activities like hoarding or black marketing. He also submits that during the inspection on 23.12.2024, no cylinders were found inside the Mahamaya Park premises. The alleged seizure was made from delivery vehicles, and false allegations were leveled to malign the applicant. Further he has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits 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 4 distributing domestic gas cylinders from an unauthorized premises, therefore, he is not entitled to 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, submissions of learned counsel for the parties, nature of dispute, and material available in the case diary, it appears that the applicant is the proprietor of Sharda Gas Services, an Indane (LPG) distributor for Indian Oil Corporation, operating legally from its registered ofÏce at Old High Court Road, Bilaspur, for the past 35 years and also the President of the Bilaspur Rasoi Gas Vitrak Sangh, further the premise at Mahamaya Park Colony, Mangla, Bilaspur, alleged to be used for illegal stocking, is only an online booking counter to facilitate gas cylinder orders, as mandated by the gas company, no hoarding or distribution occurs there, distribution is carried out from the applicant’s authorized godown at Kapil Nagar, Sarkanda, Bilaspur, the applicant supplies cylinders only to customers with valid gas cards and orders, with no involvement in illegal activities like hoarding or black marketing and during the inspection on 23.12.2024, no cylinders were found inside the Mahamaya Park premises, therefore, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Subhash Jaiswal, on executing a personal bond and one surety in the like sum to the 5 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 Rahul Dewangan