Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:10748
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 234 of 2026 • Lalit Kumar Jain S/o Budhmal Jain Aged About 61 Years R/o Pandariya Road, Kali Mai Road, Ward No. 14, Mungeli, Police Station, Tehsil And District- Mungeli (C.G.)
... Applicant versus • State of Chhattisgarh Through Police Station City Kotwali, Mungeli, District Mungeli, Chhattisgarh (As Per F.I.R.- Police Station Mungeli)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Senior Advocate with Mr. Arpan Verma, Advocate For Respondent/State : Mr. Shaleen Singh Baghel, 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.34/2026 registered at Police Station – City Kotwali, Mungeli, District- Mungeli (C.G.), for the offences punishable under Sections 318(4), 316(5), 61(2), 3(5) of Bhartiya Nyay Sanhita, 2023 and Sections 3, 7(1)(2) of the Essential Commodities Act, 1995. 2. Case of the prosecution, in brief, is that Ticket/Alert was received in the Satark App of ICCC Raipur on 10.01.2026 with respect to the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.03 14:54:08 +0530
2 fake paddy to lifting/transportation/delivery and possible non- genuine fabricated transportation activities in connivance with the paddy procurement centers, the data related overloading of vehicles beyond the registered carrying capacity was analyzed, in which it was found that some vehicles were carrying load more than 200 percent of their registered carrying capacity, which was not technically possible, in reference to the said alert/ticket, an investigation team was constituted by the office of Collector, District Mungeli, Chhattisgarh as per order no./1971/E/Steno Additional. Collector./2026 Mungeli dated 12-01-2026 and presently, during the ongoing paddy procurement work at 105 paddy procurement centers of the district under the instructions of the Government at the support price, the data related to overloading of vehicles beyond the registered carrying capacity was analyzed by ICCC, Raipur from the State level, in which it came to the knowledge of the authorities that, some vehicles were carrying load more than 200 percent to 1,117 percent of their registered vehicle capacity. Therefore, in this regard, the investigation team constituted for inspection of the concerned paddy centers and rice mills as per rules, inspected the mill cum warehouse premises of Vardhman Rice Mill - MM 402727 and Vardhman Milling Industries - MM 40352 located at Pandariya Road, Mungeli on 12-01-2026 and 13-01-2026. At the time of investigation, a total of 556 bags of paddy were found in excess in the mill cum warehouse premises and no evidence or document was presented to prove the excess stock. 494 plastic bags were found stored in the mill. The rice mill operator did not provide any register or document related to the mill, nor any data backup from the date of paddy lifting to the date of inspection.
4,900 bags (2,450 quintals) were found stored in plain plastic bags in Vardhman Rice Mill - MM 402727 and
3 Vardhman Milling Industries MM 40352, which prima facie appeared to be rice to be distributed to ration card holders under the Public Distribution System. As per aw, the sample was sent to the Food Safety Officer, District Mungeli for investigation by the office of Collector (Food Branch), District Mungeli. It was further alleged that low-capacity vehicles operated by Shri Mahavir Jain S/o. Shri Lalit Kumar Jain, operator of Vardhman Rice Mill - MM 402727, in total 42 trips, false gate pass was issued for more than 5689 quintals of paddy carrying capacity and by issuing false DM by the said procurement center in-charges, by colluding in a planned manner and by claiming fake transportation, the said quantity of paddy, whose estimated value is Rs. 1,76,35,900/- was diverted and financial loss was caused to the government. Similarly, Mahavir Jain S/o. Shri Lalit Kumar Jain, operator of Vardhman Milling Industries MM 40352, in total 30 trips, false gate pass was issued for more than 4,569 quintals of paddy carrying capacity and by issuing false DM by the said procurement center in-charges, by colluding with other accused in a planned manner, the said quantity of paddy, whose estimated value is Rs. 1,41,63,900/- was diverted and financial loss was caused to the government.
The Assistant Food Officer, Mungeli district submitted a report to the mill owner alleging that the rice mill operators and procurement center in-charges, in collusion, conspired in an organized and planned manner, and deliberately hatched a criminal conspiracy to cause serious financial loss to the government through deception, A case was registered against the accused proprietor Shri Lalit Kumar Jain S/o. Budhmal Jain and director Mahavir Jain S/o. Lalit Jain, at Mungeli police station, on the basis of which a crime has been registered against the accused Lalit Jain, Mahavir Jain and others under sections 318(4), 316(5) of the
4 Bharatiya NS, 2023 and section 3, 7 of the Essential Commodities Act 1955 under F.I.R. no. 34/2026. 3.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. He also submits that applicant along with his son are involved in the business of custom milling from years together and are operation the Mill from the year 1993-94 i.e., from past more than 32 years. The applicant each and every time completed his agreement/work with utmost satisfaction and not a single complaint has ever been made against the applicant in such a long period. He further submits that the applicant is reputed businessmen and the alleged overloading is based purely on software data analysis and not on any physical weighment conducted at the time of transportation and the alleged excess stock of 556 bags is minor compared to total procurement and may be attributable to clerical or reconciliation discrepancies. Further, no vehicle was intercepted at the time of alleged transportation. He also submits that applicant is 61 years old man and he is suffering from various old age disease. 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 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
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 the Allegations related to overloading are primarily based on data
analysis of vehicle capacity and recorded transport volume. At this stage, the matter requires detailed investigation and documentary scrutiny and no material has been placed before this Court to show that the applicants have criminal antecedents and the offences alleged are primarily based on documentary evidence already in possession of the investigating agency. The question of actual diversion, falsity of gate passes, and overloading beyond permissible capacity shall be determined during investigation and trial. Further, applicant is 61 years old man. 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 – Lalit Kumar Jain 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. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.
6 (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