1 2025:CGHC:2500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 68 of 2025 1 - Ramapati Pathak S/o Late Durga Pathak Aged About 52 Years R/o Vikas Nagar, Kondagaon, Tahsil And District Kondagaon, C.G. 2 - Umashankar Pathak S/o Ramapati Pathak Aged About 27 Years R/o Vikas Nagar, Kondagaon, Tahsil And District Kondagaon, C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Farasgaon, District Kondagaon, C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicants, who are apprehending their arrest in connection with Crime No.159/2024 registered at Police Station Farasgaon, District Kondagaon (C.G.) for the offence punishable under Section 420/34 of the IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.16 11:48:55 +0530 2 2. Prosecution case in brief is that the applicants alongwith other co- accused persons have cheated all the farmers by selling them substandard and poor-quality paddy seeds, claiming they were genuine and of high quality. The farmers were misled into buying Vigour Chanchal Hybrid seeds from Vigour Biotech Private Limited, Indore, which ultimately led to the destruction of their crops. The seeds failed to produce the expected yield, and the farmers suffered significant losses. Thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the present case. He would further submit that applicant No.1 is proprietor of shop and applicant No.2 is son of applicant No.1, they only runs a shop, further the product of paddy seeds procured by Vigour Biotech Private Limited and before getting supply, the applicants have obtained the report to the effect that the said paddy seeds duly tested by Directorate of Agriculture, they have also issued certificate to that effect. He also submits that one of the co-accused person, who is director of Vigour Biotech Pvt. Ltd, namely, Vivek Kushwaha, has already been granted anticipatory bail by this Court vide order dated 14.01.2025 in MCRCA No.59 of 2025 and the case of present applicants is similar to that of the co-accused, hence he prays for grant of anticipatory bail to the applicants. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicants alongwith other co-accused persons have cheated the farmers by selling them substandard and poor-quality paddy seeds, claiming they were genuine and of high quality, and by this all the farmers were misled into buying Vigour Chanchal Hybrid seeds from Vigour Biotech Private Limited, Indore, which ultimately led to the destruction of their crops, due to which, they suffered significant losses, therefore, the applicants are not entitled 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, submissions of learned counsel for the parties and nature of dispute and material available in case diary, also considering the fact that the allegation against the applicants that they alongwith other co-accused persons have cheated the farmers by selling them substandard and poor-quality paddy seeds, claiming they were genuine and of high quality, and by this all the farmers were misled into buying Vigour Chanchal Hybrid seeds from Vigour Biotech Private Limited, Indore, which ultimately led to the destruction of their crops, due to which, they suffered significant losses, but one of the co-accused persons, who is director of Vigour Biotech Pvt. Ltd, namely, Vivek Kushwaha, has already been granted 4 anticipatory bail by this Court vide order dated 14.01.2025 in MCRCA No.59 of 2025 and the case of present applicants is similar to that of the co-accused, further the applicants have no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Ramapati Pathak and Umashankar Pathak, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They 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 them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil