1 2025:CGHC:51722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1450 of 2025 Sanat Kumar Gupta S/o Bhaiyalal Gupta Aged About 41 Years R/o Ward No. 14, Bus Stand Azad Nagar, Sidhi, Distt. Sidhi, Madhya Pradesh. … Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Akaltara, Distt. Janjgir Champa, Chhattisgarh. ... Respondent For Applicant : Shri Samrath Singh Marhas, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16/10/2025 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.333/2025 registered at Police Station – Akaltara, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.17 15:02:08 +0530 2 Janjgir Champa for the offences punishable under Sections 316(3), 317(5), 318(4), 61(2) of Bharatiya Nyaya Sanhita. 2. Case of the prosecution, in brief, is that the complainant Rashik Agrawal made a written complaint stating that he is the owner of a rice mill in the name & style of "Rashik Bihari Food Products Pvt. Ltd." at Akaltara, District Janjgir Champa. On 13.07.2025 he had contacted one Shubham Mishra, the owner of Chhattisgarh Transport, Bilaspur to transport rice to Vapi (Gujarat). On 14.07.2025, the complainant got the rice loaded on the truck bearing registration number CG 04 PV 2156 to be transported to Vapi (Gujarat) with the registration certificate of the aforesaid truck owner i.e. Maniraj Sahu and a photocopy of the license of the driver of the said truck Chhotelal Singh. The said truck loaded with rice left his rice mill at 7 PM for Vapi, Gujarat. The driver of the said truck disappeared with the rice and the contact number of the above vehicle owner and driver was switched off. When the transporter tried to locate the said truck, a vehicle with the same number was seen in Bhopal after two days but that vehicle was not there. Complainant spoke to the owner of the truck, who informed that the vehicle was not even sent to Akaltara, Janjgir Champa and the rice was stolen from Akaltara by putting the number plate of another vehicle and the truck was loaded with rice to be taken to Vapi, Gujarat and it has not reached the destination and is nowhere to be found. The truck had 1350 sacs of 26 kgs each, totally weighing 35.100 tonnes worth Rs. 3 11,52,190/- of rice. On the said complaint, a First Information Report under Section 316 (3) Bharatiya Nyaya Sanhita has been registered by the Police Station Akaltara. During the investigation, on 20.08.2025, the police served notice under Section 35 of Bharatiya Nagarik Suraksha Sanhita to the applicant's brother Deepak Gupta and father Bhaiya Lal Gupta. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence and the applicant has never purchased any stolen grains and had no knowledge that the grains purchased were stolen property. He would submit that Shri Ganesh Trading Company, owned by the applicant, is a legitimate, long-established business (operating for 25–30 years), duly registered under GST and licensed by the Mandi Board and Food Department and all transactions are duly recorded in the ledgers and books of account maintained in the regular course of business. He would submit that the grains in question were purchased from one Kamlesh @ Ramkalesh Gupta, a regular customer and agriculturist, through bank transactions and proper receipts, showing bona fide purchase. He would submit that the applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of absconding or tampering with evidence. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, material available on record, considering the allegation against the applicant who is a grain merchant that he purchased stolen rice, further the fact that the applicant has no criminal antecedents and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sanat Kumar Gupta, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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) The applicant shall not act in any manner which will 5 be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri