1 2026:CGHC:1285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 12 of 2026 Mohan Gupta S/o Shri Hazarilal Gupta Aged About 62 Years R/o Village Chivarakuta, Police Station Singhora, District Mahasamund, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Police Station Singhora, District Mahasamund, Chhattisgarh. ... Respondent For Applicant : Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 96/2025 registered at Police Station – Singhora District - Mahasmund (C.G.) for the offence punishable under Section 287, 305(e), 221, 351(2) & 3(5) of the BNS 2023 and Section 3 & 7 of the Essential Commodities Act. 2. The prosecution story in brief, is that On 23.12.2025 at around 11:00 PM, the complainant, Food Inspector, Sarsipali, along with police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.09 12:50:32 +0530 2 personnel, received information regarding illegal refilling of LPG cylinders at a Goat Shed Farm House located in front of Navjeevan Hospital, Chivarakuta, within Police Station Singhora limits. Upon reaching the spot, it was allegedly found that certain unknown persons were refilling LPG into small and large cylinders from Indane LPG capsule tankers using nozzle pipes without following any safety norms, apparently to earn illegal profit, and on seeing the police, the persons fled taking advantage of darkness. From the spot, around six LPG capsule trucks, a large number of empty and filled LPG cylinders, nozzle pipes, weighing machines, and other materials worth approximately Rs.1.93 crore were seized. On the basis of the written complaint, an FIR was registered against unknown persons, and during the course of investigation, the present applicant, Mohan Gupta, was implicated solely on the ground that the farmhouse/spot allegedly belongs to him and that he is the owner of an Indane Gas Agency. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has no connection with the alleged illegal LPG refilling activity and has been falsely implicated merely on the basis of alleged ownership of the premises; he neither participated in the act nor was present at the place of occurrence, and there is no allegation in the FIR against him, which was registered against unknown persons, as mere ownership of premises does not attract criminal liability without cogent evidence of active involvement. The applicant is a senior citizen, aged about 62 years, suffering from serious ailments including Diabetes Mellitus, Hypertension, and Cardiac Complications, requiring constant medical supervision, regular medication, and periodic check-ups, which 3 cannot be adequately ensured in custody, and detention would seriously endanger his life, as recognized under Article 21 of the Constitution. The applicant has always cooperated with the investigation, has not absconded, and the entire alleged material including LPG cylinders, tankers, and equipment has already been seized, rendering custodial interrogation unnecessary. The alleged offences are not punishable with death or life imprisonment, and there is no statutory bar to grant anticipatory bail. The applicant has a clean record, is a respectable law-abiding citizen, and his arrest would cause irreparable harm to his health, reputation, family, and social standing. Anticipatory bail is a statutory protection to safeguard personal liberty, particularly where arrest is not necessary, and the learned Court below rejected the application on mere apprehensions without any concrete material, warranting interference of this Hon’ble Court, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is noted that the applicant is 62 years old, his son is already in jail, and further considering that the case of the present applicant is distinguishable from that of the co- accused, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 4 7. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohan 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) 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 vaibhav