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2026 DAILYLAW 17221 (CHH)

ASHISH AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/286/2026 · 2026-02-22

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Judgment text

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1 2026:CGHC:9256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 286 of 2026 • Ashish Agrawal S/o Late Bajranglal Agrawal Aged About 43 Years R/o Village Chhuipali (Batki) Police Station - Singhoda, District- Mahasamund (C.G.) ... Applicant versus • State of Chhattisgarh Through - Station House Officer Police Station - Singhoda District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Fouzia Mirza, Senior Advocate with Mr. Ali Afzaal Mirza, Advocate For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/02/2026 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.94/2025 registered at Police Station – Singhoda, District: Mahadamund, C.G. for the offence punishable under Sections 318(3), 318(4), 61(2) of Bhartiya Nyay Sanhita ( for short ‘BNS’), 2023. 2. Case of the prosecution, in brief, is that the allegation against the present applicant is that, he in conspiracy with the other co-accused VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.24 11:36:42 +0530 2 person has been issued a delivery order of 875 bags for doing the custom milling and has lifted only 500 bags and have left 375 bags in the procurement center while doing the transportation of paddy for custom milling and thus have caused loss to the state exchequer. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is the proprietor of Shri Bholenath Industries and has been conducting custom milling operations in accordance with Government Policy for the last four years without any dispute. It is further submitted that the applicant had deputed the driver and laborers to lift paddy from Singbahal Paddy Procurement Center. Due to a sudden technical fault in the vehicle and the damaged condition of the road, only 500 bags out of 875 bags (350 quintals) could be transported, and the remaining 375 bags were kept at the procurement center. The applicant was out of station and was not aware of the said situation. A Panchnama dated 20.11.2025 records that due to the damaged road condition, the remaining bags were retained at the society premises and that the Delivery Memo would be corrected accordingly. It is contended that there was no dishonest intention on the part of the applicant. Therefore, she prays for anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing on behalf of the non-applicant/State opposed the prayer for grant of anticipatory bail and submitted that the applicant has two previous criminal cases registered against him in the year 2008 and 2010. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, the nature of allegations and the documents placed on record, and without commenting anything on merits of the case, this Court is of the view that the applicant has made out a case for grant 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 – Ashish 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 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 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 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