1 2026:CGHC:5787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.157 of 2026 Parasmal Jain S/o Late Premraj Jain Aged About 66 Years R/o House No. 301, Ward No. 3, Station Road, Nawapara, Rajim Gobra, Nawapara, Distt. Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Gobra Nawapara, Distt. Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Manoj Paranjpe, Senior Advocate along with Mr. Shivank Mishra and Ms. Yogisha Singh Rajput, Advocates. For Non-applicant/State : Shri. SS Baghel,G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.02.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.03 14:52:25 +0530 2 the applicant, who is apprehending his arrest in connection with Crime No.0009/2026 registered at Police Station – Gobra Nawapara, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3) and 340(2) of BNS, 2023. 2. As per the prosecution case, Drug Inspector, Dharamveer Singh Dhruv, lodged FIR on 07.01.2026 alleging that the applicant, proprietor of Navkar Medical Stores, Gobra Nawapara, committed cheating by preparing a forged bill. It is alleged that during inspection of the applicant’s medical store on 09.09.2025, a bill bearing No.460 dated 23.09.2024 was found in the firm’s system, showing sale of Besto-cof cough syrup with batch No. B6019024, expiry 12/2025, MRP Rs.114.94, for a total amount of Rs.1,200/-. Upon verification from the manufacturing company, it was reported that no syrup with the said batch number was manufactured, leading to the allegation that the applicant sold spurious (jali) cough syrup under the brand name Besto-cof.. Hence, this application. 3. It has been argued by the learned Senior Advocate for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant is a 66-year-old senior citizen suffering from age-related ailments and is the sole 3 proprietor of Navkar Medical Store holding a valid pharmacy licence. It is submitted that the allegations against the applicant do not satisfy the essential ingredients of the offence of cheating as there is no allegation or material to show any wrongful gain to the applicant or wrongful loss to any person. The FIR has been lodged merely on a presumption that since the batch number mentioned in one invoice was allegedly incorrect, the medicine sold must be spurious and no spurious cough syrup was seized or recovered from the shop of the applicant at the time of inspection, nor has any customer made any complaint against him. He further submits that the inspection was conducted on 09.09.2025 and no Besto-cof cough syrup was found in the applicant’s shop, the applicant duly replied to the notice issued by the Drug Inspector. The case against the applicant is based entirely on conjectures and surmises arising out of an alleged clerical error in the bill, which is normally generated by staff and there is no material to establish deliberate intent or sale of spurious medicine by the applicant. It is also submitted that in similar proceedings initiated by the same Drug Inspector against another medical store, actual recovery and chemical analysis of seized cough syrup formed the basis of action, whereas no such recovery 4 or incriminating material exists against the present applicant and even the enquiry report does not disclose any seizure or adverse finding against the applicant. It is contended that the FIR has been lodged in a mechanical manner, without collection of substantive material and the continuation of criminal proceedings against the applicant would be unjustified, oppressive, and an abuse of process of law, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State counsel opposes the application and submits that the FIR has been lodged by the Drug Inspector pursuant to a statutory inspection, during which a forged bill was found in the system of the applicant’s medical store showing sale of Besto-cof cough syrup with a batch number which, upon verification from the manufacturing company, was found to be non-existent, thereby prima facie establishing sale of spurious (jali) medicine and commission of cheating. It is submitted that the applicant, being the proprietor of the medical store, is responsible for maintenance of records and sale of medicines, and the offence relates to public health and safety; the defence raised involves disputed questions of fact to be tested at trial and therefore, the applicant does not deserve the benefit of bail. 5. I have heard learned counsel for the parties and perused the 5 materials available on record. 6. Having considered the submissions of learned counsel for the parties and the material on record, it appears that no spurious Besto-cof cough syrup was seized or recovered from the applicant’s medical store and the prosecution case rests solely on an alleged discrepancy in the batch number mentioned in one invoice. The allegations involve disputed questions of fact which are required to be examined during trial. Considering the nature of the offence, the material collected and the fact that custodial detention of the applicant is not warranted at this stage, this Court is inclined to extend the benefit of 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 – Parasmal Jain, on executing a personal bond with 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 him from disclosing such fact to the Court. (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 6 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya