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2025 DAILYLAW 25231 (CHH)

VIPUL AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/813/2025 · 2025-06-08

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 813 of 2025 1 - Vipul Agrawal S/o Sunil Agrawal Aged About 28 Years R/o Main Road, Jhilmila, Saraipali, Tehsil Saraipali, District Mahasamund Chhattisgarh 2 - Akshat Agrawal S/o Sunil Agrawal Aged About 33 Years R/o Main Road, Jhilmila, Saraipali, Tehsil Saraipali, District Mahasamund Chhattisgarh 3 - Pooja Agrawal W/o Akshat Agrawal Aged About 31 Years R/o Main Road, Jhilmila, Saraipali, Tehsil Saraipali, District Mahasamund Chhattisgarh ... Applicants versus 1 - State of Chhattisgarh Through Drug Inspector Office Of The Deputy Director, Food And Drugs Department District Baloda Bazar Bhatapara Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Siddharth Shukla, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/06/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.12 11:16:27 +0530 2 applicants, who are apprehending their arrest in connection with Complaint Case No.454/2025 registered at District – Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 27(b)(ii), 27(d) and Section 28(a) of Drug and Cosmetics Act, 1940. 2. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. He would submit that applicants are having no criminal antecedents further there is no prima facie evidence against the applicants. He further also submits that applicant No.1 and applicant No.3 are Non-active Directors of M/s MSK Pharmaceuticals Pvt. Ltd. He further submits that applicants are apprehending their arrest in connection with Complaint Case No. 454 of 2025 filed by respondent pending before JMFC, Bhatagaon, District- Sarangarh-Bilaigarh, Chhattisgarh on 28th April 2025 for an alleged offence punishable under Section 18(a) (i) and 18(b), Section 18(B) as per Complaint Case No. 454 of 2025 wherein applicants have been directed to appear on 10th June 2025. He lastly submits that the complaint case has been filed by the respondent after a lapse of more than two and half years from the date of inspection investigation and trial are likely to take time, therefore the present applicants are entitled to be released on anticipatory bail. 3. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 3 4. I have heard learned counsel for the parties and perused the case diary. 5. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that applicants having no criminal antecedents and the complaint case has been filed by the respondent after a lapse of more than two and half years from the date of inspection, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicants. Accordingly, the anticipatory bail application of Vipul Agrawal, Akshat Agrawal and Pooja Agrawal is allowed. If the applicants surrender themselves before Judicial Magistrate First Class, Bhatagaon, District- Sarangarh-Bilaigarh, Chhattisgarh within 20 days from today and furnishes a personal bond with a solvent surety in the like sum to the satisfaction of the said Court, they be released on bail. Sd/- (Ramesh Sinha) Chief Justice vaishali