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2025 DAILYLAW 34572 (CHH)

RAJKUMAR AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/1025/2025 · 2025-07-13

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Judgment text

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1 2025:CGHC:32693 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1025 of 2025 • Rajkumar Agrawal S/o Late Shyam Sundar Agrawal Aged About 52 Years R/o Niharika Aish Bricks, H.N. 35 Laduwa Para, Police Station Rajpur, District Balrampur-Ramanujganj C.G. ... Applicant versus • State Of Chhattisgarh, Through Police Station Rajpur, District Balrampur-Ramanujganj (C.G.). ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Advocate. For State/Non-applicant : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.07.2025 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.149/2025 registered at Police Station Rajpur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 3 & 7 of the Essential Commodities Act, 1955. 2. The prosecution's case, in brief, is that upon receiving the secret information that present applicant has stored the paddy seeds in his godown without there being any valid license, the inspection was 2 conducted on the instance of SDM Rajpur by Tehsildar Rajpur and during the course of inspection, no document has been shown to the inspection committee. On the basis of said information, FIR has been registered against the present applicant on 24.06.2025. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in crime in question. He further submits that the applicant is engaged in the business of sale and purchase of the agricultural products along with the business of TMT Bar and Cement. It is further submitted that the present applicant has already applied for grant of license to sale and store of the seeds and during the process of that proceedings the applicant in anticipation had purchased the seed from the open market. It is further submitted that in anticipation of monsoon, the seeds were purchased, but the license of the applicant has been granted subsequent to purchase of the same. It also submitted that license has been issued to the applicant on 24.06.2025, i.e., after lodging of the FIR, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the present applicant has already applied for the grant of license and in anticipation of monsoon, the seeds were purchased and further considering the fact that license has been issued on 24.06.2025 subsequent to the registration of FIR, therefore, without commenting 3 anything on merits, 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 – Rajkumar Agrawal, on executing a personal bond and 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 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 DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA