Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:13785
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 435 of 2026 Saumitra Goyal S/o Ramesh Agrawal Aged About 31 Years R/o Kharsiya Road, Ambikapur, District- Surguja (C.G.)
... Applicant versus State Of Chhattisgarh Through Police Station Incharge, Police Station - Lundra, District- Surguja, (C.G.)
... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate with Shri Aditya Dhar Diwan, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 23/03/2026
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.14/2026 registered at Police Station – Lundra, District-Surguja (C.G.) for the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.24 11:14:03 +0530
2 offence punishable under Sections 316(5), 3(5), 61(2) and 238 of Bharatiya Nyaya Sanhita, 2023.
2. Case of the prosecution, in brief, is that a complaint was filed on 18.01.2026 by Food Inspector M.B. Kamthe at Police Station Lundra after a physical verification at Paddy Procurement Centre, Kundikala. Officials found that against the recorded 84,535 sacks (33,838 quintals), only 82,374 sacks (32,949 quintals) were available, showing a shortage of 2,221 sacks (888.40 quintals), causing a loss of Rs.21,04,619/- to the State. An FIR was registered on 19.01.2026. During investigation on 14.02.2026, two trucks owned by Saumitra Goyal were found carrying 600 sacks of misappropriated paddy. It was alleged that the accused were attempting to cover up the shortage, leading to the addition of Sections 61(2) and 238 of the Bharatiya Nyaya Sanhita, 2023.
3.
Learned counsel for the applicant submits that the applicant has not committed any offence punishable with death or life imprisonment and has been falsely implicated in the present case. He would submit that the applicant is a bona fide rice mill operator (Ramakrishna Rice Mill) who procures paddy from the State and returns rice after milling in the ordinary course of business and the alleged 600 sacks were not misappropriated; they were of degraded quality. The applicant had duly informed the Procurement Centre, and on instructions of the Committee Manager, retained them temporarily for return. He would submit that subsequently, upon intimation from the Centre, the applicant was returning the said 600 sacks through his own GPS- enabled trucks on 14.02.2026 when, due to a misunderstanding by
3 villagers, police action was initiated. He would submit that the applicant was not named in the FIR dated 19.01.2026; he has been later falsely implicated without any direct evidence linking him to the alleged shortage. He would further submit that applicant is ready to abide by all the directions and conditions, which may be imposed by this Court while granting bail and the applicant is a permanent resident of address mentioned in the cause title, therefore, there is no likelihood of his absconding, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the materials available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, 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 – Saumitra Goyal, 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
4 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 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
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