1 2025:CGHC:2305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 59 of 2025 Vivek Kushwaha S/o Vijay Singh Kushwah Aged About 34 Years R/o A H-6, Senior H.I.G., Sukhliya, District Indore, Madhya Pradesh- 452001 ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Farasgaon, District Kondagaon, Chhattisgarh- 494228 ... Non-Applicant(s) For Applicant(s) : Mr. Abhishek Sinha, Senior Advocate assisted by Mr. Pragalbha Sharma, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his 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: 2025.01.15 10:46:58 +0530 2 2. Prosecution case in brief is that the the applicant 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 applicant. 3. Learned counsel for the applicant submits that the applicant, a director of Vigour Biotech Pvt. Ltd., is facing allegations related to the sale of seeds to farmers in Chhattisgarh. However, it's essential to note that the company is a reputable organization with a 25-year legacy and a substantial presence in the agricultural sector, having achieved a turnover of Rs. 223 Cr. in FY 2022-2023 and Rs. 170 Cr. in FY 2023-2024. The claim in the FIR pertains to an amount of seeds valued at Rs. 3,80,000, which is not a substantial amount considering the company's turnover. Moreover, since the FIR was lodged on November 15, 2024, no other farmer has come forward with a complaint, which raises questions about the intent behind the FIR. The applicant is not the primary accused, and no specific allegations have been made against him in the complaint. The company has not been made a party to the complaint, and the applicant is accused of an offense that violates Section 21 of the Seeds Act, 1966. He further submits that the FIR appears to have been lodged with the intent to harass the 3 applicant and seek compensation unjustly. There is no prima facie case established against the applicant, and the dispute is purely civil/contractual/consumer in nature, aiming to claim compensation rather than constituting a criminal offense. The essential ingredient of dishonest intention, as mandated under Section 420 of the IPC, 1860, is entirely absent in this case. He also submits to give the nature of the complaint, custodial interrogation is not required, and the applicant has already cooperated with the investigation by presenting himself at the Farasgaon Police Station and submitting an undertaking to cooperate further. The applicant undertakes to present himself before the police/court as and when directed and pleads that arrest would cause irreparable harm to the company's goodwill and potentially lead to cascading business losses, further the applicant has no criminal antecedent against him, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant 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 applicant is not entitled for grant of anticipatory bail. 4 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, the fact that the allegation against the applicant that he 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 the applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate 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 - Vivek Kushwaha, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 5 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil