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2026 DAILYLAW 14352 (CHH)

RAJU RATHIYA v. STATE OF CHHATTISGARH

MCRCA/202/2026 · 2026-02-08

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:7111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 202 of 2026 • Raju Rathiya S/o Late Shri Thakurram Rathiya Aged About 43 Years R/o Village Bakaruma, Outpost Rairuma Khurd, P.S. Dharamjaigarh, Tehsil Dharamjaigarh, District Raigarh, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, P.S. Dharamjaigarh, District Raigarh, Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Shyam Kumar, Advocate. For State/Non-applicant : Ms. Anusha Naik, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.02.2026 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.12/2026 registered at Police Station Dharamjaigarh, District Raigarh (C.G.) for the offence punishable under Sections 316(2) of the BNS, 2023. 2. As per the prosecution story, on 20.11.2025, during a surprise inspection conducted by the Naib Tehsildar, the proprietor of Om Sai Traders, present applicant was found storing paddy of more than legal limit, whereupon 60 bags of paddy were seized and handed over to DEEPTI JHA Digitally signed by DEEPTI JHA 2 present applicant itself under temporarily Supurtnama. Upon re- inspection on 30.12.2025, only 20 bags of the seized paddy were found in applicant's custody and he failed to account for the remaining 40 bags as per FIR. On asking for clarification, applicant revealed that he sold the remaining 40 bags of paddy through his agricultural account. Thereby violating the terms of the Supurtnama and the applicable statutory provisions governing storage and sale of essential commodities. It appears that the applicant has been falsely implicated in the present case. Since because of this reason that the anticipatory bail application of the present applicant has been dismissed on 23.01.2026 by lower court hence this bail application is being filed before this Hon'ble Court. 3. Learned Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that there is no evidence of record to suggest the involvement of the present applicant. It is further submitted that out of 60 bags of paddy, 40 bags were kept inside the house of the applicant for the purpose of cleaning and maintaining the shop and house. He further submits that applicant has also placed his bank statement from 01.10.2024 to 27.01.2026 of C.G. Rajya Sahakari Bank, Dharamjaigarh Branch, bearing Account No.603006580909, which clearly demonstrate that no amount whatsoever was credited towards the sale of paddy during the aforesaid period, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant. 3 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 and nature of dispute and materials available on record, without further commenting anything on merits, this Court find 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 – Raju Rathiya, 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