1 2025:CGHC:10563 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 300 of 2025 • Shravan Singh Rao S/o Surjan Singh Rao Aged About 47 Years R/o Plot No. 28 Ganesh Nagar Bainad Road Jaipur District - Jaipur Rajasthan. ...Applicant. versus • State Of Chhattisgarh Through Police Station Pakhanjoor District - North Bastar Kanker (C.G.) ... Respondent(s) For Applicant : Shri Priyank Rathi, Advocate. For State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 04/03/2025 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 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.03.05 12:03:15 +0530 2 connection with Crime No.147/2024 registered at Police Station Pakhanjoor, District-North Bastar Kanker C.G. for the offence punishable under Sections 318(4), 3(5), 336(3), 338, 340(2), 61 of BNS and Section 7 of Essential Commodities Act. 2. Prosecution case in brief is that, prosecution case in brief is that the co- accused namely Animesh Gharami ordered a truck of fertilizer through online business aggregator India- mart from OPS Kisan Agro Care Company, Jaipur, owned by co-accused Shiv Kishan Gurjar. The fertilizer was manufactured by co-accused persons, namely, Upkar Jain, Vinay Kumar Jain, and Vinod Kumar Jain, and transported by co-accused persons, namely, Daulat Singh and Ushman Khan. During the inspection by the Agriculture Department, the truck, bearing No. RJ 11GB 9189, full of fertilizers, was found parked in Krishi Upaj Mandi Pakhanjur. The driver and conductor gave suspicious answers and refused to produce a ticket or bill. The police were contacted, and the vehicle was taken to Pakhanjur Police Station. The fertilizer was seized and found to be impure. Thereafter, the one of the co-accused was arrested, in connection with Crime No. 147/2024 at Police Station Pakhanjur, District U.B. Kanker, for offence punishable under Sections 218(4), 3(5), 336(3), 338, 340(2), 61 of BNS and Section 7 of the Essential Commodities Act, and upon recording the memorandum statement of co- accused Shiv Kishan Gurjar, he has stated that they purchased those printed sacks from the applicant. Hence, the crime was registered against the applicant. 3 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the alleged commission of offence. Learned counsel further submits that the present applicant has neither committed nor participated in any such act which may amount to any of the offence mentioned above. Learned counsel further submits that co-accused persons namely, Daulat Singh has already been released on bail vide order dated 18.11.2024 in MCRC No. 7940 of 2024; Animesh Gharami has already been released on bail vide order dated 25.11.2024 in MCRC No. 8132 of 2024; ShivKishan Gurjar and Omprakash Bhadana have already been granted bail by this court vide order dated 02.12.2024 in MCRC No. 8362 of 2024; Vinod Kumar Jain has already been granted bail by this Court vide order dated 04.12.2024 in MCRC No. 8442/2024; Usman Khan has already been granted bail by this Court in MCRC No. 8513 of 2024 vide order dated 05.12.2024; Upkar Jain has already been released on bail by this Court vide order dated 10.12.2024 in MCRC No. 8643 of 2024 and Ajay Sharma has been granted anticipatory bail by this Court vide order dated 31.01.2025 passed in MCRCA No.166 of 2025. Learned counsel submits that case of the present applicant is identical to that of the co-accused persons who have already been granted bail, 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. 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, material available in case diary, also considering that there is no direct evidence against the present applicant and further keeping in view the fact that co- accused namely Daulat Singh has already been released on bail vide order dated 18.11.2024 in MCRC No. 7940 of 2024; Animesh Gharami has already been released on bail vide order dated 25.11.2024 in MCRC No. 8132 of 2024; ShivKishan Gurjar and Omprakash Bhadana have already been granted bail by this court vide order dated 02.12.2024 in MCRC No. 8362 of 2024; Vinod Kumar Jain has already been granted bail by this Court vide order dated 04.12.2024 in MCRC No. 8442/2024; Usman Khan has already been granted bail by this Court in MCRC No. 8513 of 2024 vide order dated 05.12.2024; Upkar Jain has already been released on bail by this Court vide order dated 10.12.2024 in MCRC No. 8643 of 2024 and Ajay Sharma has been granted anticipatory bail by this Court vide order dated 31.01.2025 passed in MCRCA No.166 of 2025 and case of present applicant is similar to that of co-accused who have already been granted bail, without further commenting anything on merits, this Court finds 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 - Shravan Singh Rao, on 5 executing a personal bond with 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) 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 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 Avinash