1 2025:CGHC:2497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 64 of 2025 Arvind Kumar Thakur Age About 62 Years, Proprietor Arvinda Agench (S.K.O. Dealer) Indian Oil Corporation, Janjgir, S/o Shri Badrilal Thakur, R/o Akaltara Road, Janjgir, Tahsil And District – Janjgir-Champa, C.G. ... Applicant versus State of Chhattisgarh Through Police Station - Civil Line, District – Bilaspur, C.G. ... Non-applicant For Applicant : Mr. Rohit Sharma, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15.01.2025 1. The applicant has preferred this Third anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 389/2011, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for alleged commission of offence punishable under Section 3 and 7 of the Essential Commodities Act. 2. First anticipatory bail application of the applicant was rejected by this Court vide order dated 13.09.2011 passed in MCRCA No. 653/2011, on merits. Second anticipatory bail application of the applicant was rejected RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 by this Court vide order dated 05.10.2012 passed in MCRCA No. 786/2012. 3. As per the prosecution story in brief, is that the applicant is the dealer of kerosene Oil and obtained the valid license from food controller as well as from the Indian Oil Corporation, but on 27.07.2011, the vehicle tanker bearing registration No. C.G.-10-ZB-0308 was carrying the Kerosene Oil 12000 liters in his order, but in mid-way, the driver Gangaram Stopped the vehicle in the garage of Jaspal Bagh, Transporter, therefore the offence under Section 3, 7 of Essential Commodities Act has been registered against the present applicant along with 3 other persons. Hence, this application. 4. The learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that the applicant is suffering from heart disease and was treated at Kailash hospital in Delhi and the heart operation was done at Heart Institute and Spandan Heart Institute and Research Center Nagpur. The applicant heart operation was done due to blockage in the heart glands. Since 2007, the applicant is being treated at Vivekanand Heart and Diabetes center Jawaharlal Nehru Hospital Sector 9 Bhilai. After the heart operation, the applicant health has deteriorated. If the applicant is arrested, the possibility of the applicant illness worsening and a serious accident occurring cannot be ruled out. Hence, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that huge quantity of kerosene oil was seized and considering the allegation that 6,000 liters of kerosene oil was purchased from the applicant Arvind Thakur and other 3 co-accused persons and also taking into consideration that the verification of receipt of kerosene oil and supplies made to various agencies by applicant is still going on and also taking into consideration that the allegations of Ganga Ram Verma that he had diverted the tanker to Jaspal Bagh garage instead of taking it to Janjgir with the consent of applicant, and further taking into consideration that the report dated 24.08.2011 of Food Inspector, Bamnidih, suggests further verification of supply of distribution of kerosene oil obtained under allotment by co- accused, Jagdish Prasad Agrawal, which is also a subject matter of investigation. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that the huge quantity of kerosene oil was seized and considering the allegation that 6,000 liters of kerosene oil was purchased from the applicant Arvind Thakur and other co-accused persons and also taking into consideration that the verification of receipt of kerosene oil and supplies made to various agencies by applicant is still going on and also taking into consideration that the allegations of Ganga Ram Verma that he had diverted the tanker to Jaspal Bagh garage instead of taking it to Janjgir with the consent of applicant, and further taking into consideration that the report dated 24.08.2011 of Food Inspector, Bamnidih, suggests further verification of supply of distribution of kerosene oil obtained under allotment by co-accused, Jagdish Prasad 4 Agrawal, which is also a subject matter of investigation. Moreover, the earlier anticipatory bail applications of the applicant has been rejected on merits and no new ground has been argued by the counsel for the applicant, thus, I am not inclined to grant anticipatory bail to the applicant. 8. Accordingly, the Third Anticipatory Bail application of the applicant – Arvind Kumar Thakur, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 389/2011, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for alleged commission of offence punishable under Section 3 and 7 of the Essential Commodities Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar