Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:10747
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 235 of 2026 • Sonu Agrawal S/o Jayprakash Agrawal Aged About 38 Years Resident Of Gram Ward No. 04, Paterapali, Tehsil Saraipali, District Mahasamund, Chhattisgarh
... Applicant versus
1. State of Chhattisgarh Through Station House Officer, Saraipali, Tehsil Saraipali, District Mahasamund, Chhattisgarh
2. Avinash Dubey S/o Late Shri Jwala Prasad Dubey Aged About 29 Years Occupation- Food Officer, Office Of Collector, District Mahasamund, Chhattisgarh
... Respondents (Cause title is taken from Case Information System) For Applicant : Mr. Pranjal Agrawal, Advocate For State/Respondents : Mr. Soumya Rai, Dy.G.A. Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 02/03/2026
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.19/2026 registered at Police Station – Station House Officer, Saraipali, Tehsil-Saraipali District- Mahasamund (C.G.), for the offences punishable under Section 318(4) and Section 318(4) of the Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 13.12.2025, acting upon complaints regarding illegal transportation of paddy from outside the State into Chhattisgarh and its storage with an intention to sell the same for VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.03 14:54:02 +0530
2 wrongful gain, a checking drive was conducted by the Food Department in coordination with the Revenue authorities. During the said checking, three Mazda vehicles bearing registration numbers CG-22-V-3347, OD-17- AC- 8793 and OD-17-AC-6793, all connected with the accused, were intercepted. Upon verification, it was found that the said vehicles were carrying 564 bags of paddy, equivalent to 225 quintals, without any valid permit, transport challan or supporting documents. Further, on 06.01.2026, during a subsequent checking at Banjari naka, one more Mazda vehicle bearing registration number OD-17-AE-6793 was intercepted, which was found carrying 300 bags of paddy, equivalent to 120 quintals, again without any lawful authority or documents and, in total, four Mazda vehicles associated with the accused were found transporting 864 bags of paddy, equivalent to 345 quintals, illegally and in violation of the prescribed procurement and transportation norms. During inquiry, it was revealed that the said paddy was being transported from Odisha and other districts and was intended to be concealed and sold through commission agents and traders, thereby causing wrongful loss to the Government and corresponding wrongful gain to the accused. The inquiry further revealed that the accused had failed to submit any documentary evidence despite being informed telephonically, and that the paddy was procured from farmers and traders by misleading them, with a clear intention to illegally sell the same outside the Government procurement system. The total value of the illegally transported paddy was assessed at 28,17,305/- (Rupees Eight Lakh Seventeen Thousand Three Hundred Five only), thereby causing substantial financial loss to the State exchequer.
On the basis of the written complaint submitted by the Food Inspector, Sarayapali, and after due approval from the competent authority, First Information Report was registered against the accused for committing offences punishable under Sections 107 and 116 of the Chhattisgarh Public Distribution System (Control) Order and other applicable provisions, and investigation was taken up. The acts of the accused clearly disclose
3 deliberate involvement in illegal transportation, concealment and sale of paddy without lawful authority, in conspiracy with other traders and commission agents, thereby defeating the Government procurement system and causing financial loss to the State. 3.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. He also submits that the allegations which are levelled against the applicant is concocted and therefore, deserves to be granted bail in the interest of justice and from the perusal of the First Information Report, it is clear that no case is made out against the applicant. It is further contended that applicant is a respectable citizen and has never been involved in any criminal or preventive proceedings by any police station in India. He also contended that from the perusal of the First Information Report it is clear that the applicant is a License Holder in the Krishi Upaj Mandi Samiti by the name of Tanish Traders" and is having right to procure paddy and sell thereafter from which it is clear that the applicant is having proper license for the procurement of paddy. Copy of the License is marked and annexed herewith as ANNEXURE A-3. Further, applicant is the License Holder and proprietor of the Tanish Traders and thereafter, for the storage of the paddy, the applicant was repairing/reconstructing his storage area which is situated at Khasra No. 468/5 admeasuring 3229.17 sq. ft and the trucks which are mentioned in the FIR was standing still in the area belonging to the applicants with all valid papers and there is no such document which has been seized from the applicant such as any Kisan Kitab or any article which shows that the applicant is selling the paddy illegally. Further, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. Learned State counsel has opposed the prayer, submitting that applicant has no criminal antecedent. It is further submitted that in compliance of this Court’s order dated 12.02.2026, concerned Food Inspector has filed his personal affidavit in this case. He also submits that the allegations are
4 serious in nature and involve economic loss to the State. It is contended that the applicant’s custodial interrogation is necessary, therefore he is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, gravity of offence,
submissions made by learned counsel for the parties, allegation levelled against the applicant and also considering the fact that as per the First Information Report it is clear that the applicant is a License Holder in the Krishi Upaj Mandi Samiti by the name of Tanish Traders" and is having right to procure paddy and sell thereafter from which it is clear that the applicant is having proper license for the procurement of paddy. Copy of the License is marked and annexed herewith as ANNEXURE A-3 and also applicant is the License Holder and proprietor of the Tanish Traders and thereafter, for the storage of the paddy, the applicant was repairing/reconstructing his storage area which is situated at Khasra No. 468/5 admeasuring 3229.17 sq. ft and the trucks which are mentioned in the FIR was standing still in the area belonging to the applicant with all valid papers and there is no such document which has been seized from the applicant such as any Kisan Kitab or any article which shows that the applicant is selling the paddy illegally. Further investigation and trial are likely to take 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 – Sonu 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) 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 her from disclosing such fact to the Court.
5 (b) The applicant shall not act in any manner which will 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 vaishali