1 2026:CGHC:22361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 723 of 2026 Shubham Barmecha S/o Shri Anil Kumar Jain Aged About 32 Years R/o House No. 652, Ward No. 39, Mahavir Colony, P.O. Durg, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Additional Superintendent Of Police, Economic Offence Wing/anti Corruption Bureau, District- Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Kumar Vaibhav (through V.C.) and Mr. Mayank Kumar, Advocates For Respondent(s) : Mr. Praveen Das, Additional Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/05/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 05/2025 registered at Police Station – Economic Offence Wing/Anti Corruption Bureau, District- Raipur (C.G.) for the offence ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.13 18:28:00 +0530 2 punishable under Sections 409 & 120b of the IPC and Section 13(1)(A), 13(2) & 7(C) of the Prevention of Corruption Act, 1988. 2. The prosecution story, in brief, is that on the basis of secret information received by Police Station EOW/ACB, Raipur, an enquiry was initiated regarding alleged irregularities in procurement of medical equipment, machines, reagents and consumables under the “Hamar Lab” Scheme launched by the Public Health and Family Welfare Department, Government of Chhattisgarh. It is alleged that during the year 2022-23, the ofÏcers of the Directorate of Health Services and Chhattisgarh Medical Services Corporation Limited (CGMSCL), in conspiracy with private supplier firms including Mokshit Corporation, CB Corporation, Recorders and Medicare System, Shri Sharda Industries and others, placed purchase orders of medical equipment and reagents without proper assessment of budgetary requirements and administrative approval, and procured the same at rates substantially higher than the prevailing market price, thereby causing wrongful loss of approximately Rs.411 crores to the State Government. During investigation, it surfaced that Mokshit Corporation, of which the present applicant was one of the partners, had supplied certain equipment and consumables under Tender No.182/EQP/CGMSC/2022-23 at allegedly inflated rates. On these allegations, offence has been registered for offences punishable under Sections 120B and 409 of the IPC along with Sections 7 and 13 of the Prevention of Corruption Act. Investigation further revealed that though the applicant was not named in the FIR and was not arrayed as an accused in the initial charge-sheet, his 3 involvement is alleged on account of his association as partner of Mokshit Corporation during the relevant period of tender process and supply. Hence this bail application. 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 had no role in the alleged commission of offence and has been implicated merely on account of his being one of the partners of Mokshit Corporation, having only 1% share therein, whereas the entire business operations, tender process and execution of supply were being handled by the working partner Shashank Chopda. It is further submitted that the applicant was neither named in the FIR nor arrayed as an accused in the charge- sheet filed by the investigating agency, and no specific allegation has been made against him, except his association with the said Firm. According to learned counsel, the case is primarily based on documentary evidence pertaining to tender process and purchase records already in possession of the investigating agency, and therefore no custodial interrogation of the applicant is required. 4. It is further submitted that the applicant was never summoned during the course of investigation and despite that, the investigating agency directly obtained a non-bailable warrant against him without affording sufÏcient opportunity to appear, which demonstrates mala fide intention. Learned counsel submits that the applicant had ceased to be a partner of Mokshit Corporation on 31.03.2023 and subsequent transactions were undertaken thereafter. It is also argued that the firm had supplied materials strictly pursuant to 4 purchase orders issued by CGMSCL and substantial payment is still due from the Government, and due to non-payment, a false criminal case has been instituted to avoid financial liability, hence he prays for grant of anticipatory bail to the applicant. It is also submitted that the main accused, namely Shashank Chopda, the proprietor of Mokshit Corporation, who is alleged to be the master mind of the entire conspiracy, as well as one co-accused namely Kamal Kant Patanwar have been granted regular bail by the Hon’ble Apex Court in Criminal Appeal No. 1978/2026 and 1979/2026, respectively, {SLP (Crl.) No. 3295/2026 and 5375/2026}, vide order dated 17.04.2026. After rejection of the second bail application by this Court in respect of two other co- accused namely Basant Kumar Kaushik and Deepak Kumar Bandhe, the said accused persons had approached the Hon’ble Apex Court wherein the Hon’ble Apex Court has been pleased to grant regular bail to them vide order dated 05.05.2026 in SLP (Crl.) No. 4542/2026 and 5381/2026, respectively. Hence, the same relief may also be extended to the applicant herein and he may also be released on bail. 5. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant and submits that the present case pertains to a serious economic offence involving large- scale financial irregularities in procurement under the Hamar Lab Scheme of the State, resulting in wrongful loss of approximately Rs.411 crores to the State exchequer. It is submitted that during the relevant period, the applicant was the partner in Mokshit 5 Corporation, which was one of the beneficiary firms and had supplied medical equipment and reagents at highly inflated prices in connivance with co-accused persons and public ofÏcials. According to the prosecution, the applicant, along with other accused persons, was part of the conspiracy and prima facie material collected during investigation discloses his involvement in the commission of the alleged offences. 6. It is further submitted that considering the nature and gravity of the offence, the magnitude of financial loss caused to the Government, and the material collected during investigation, the applicant is not entitled to the extraordinary relief of anticipatory bail. Learned State counsel submits that merely because the applicant was not named in the FIR or charge-sheet, the same would not absolve him when his involvement has surfaced during further investigation. It is also contended that the allegations pertain to organized economic fraud involving several accused persons and custodial interrogation of the applicant may be necessary for effective investigation. Hence, the prayer for grant of anticipatory bail deserves to be rejected. However, the learned State counsel could not dispute the fact that the co-accused Shashank Chopda and Kamal Kant Patanwar have been granted regular bail by the Hon’ble Apex Court vide order dated 17.04.2026 and co-accused Basant Kumar Kaushik and Deepak Bandhe, have been granted regular bail by the Hon’ble Apex Court vide order dated 05.05.2026, as submitted by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused all of the 6 documents taken on record. 8. A query was made by the Court to the learned State counsel as to whether the applicant was ever named in the FIR or the charge sheet, Mr. Praveen Das, learned Additional Advocate General appearing for the State/respondent fairly submits that the applicant is neither named in the FIR, the charge sheet nor in the supplementary charge sheet and he being one of the partners of Mokshit Corporation has been arrayed as accused in the present case. 9. Considering the submissions advanced by learned counsel for the parties and taking into consideration the facts and circumstances of the case, particularly the fact that the applicant is not named in the FIR, nor was arrayed as an accused in the charge-sheet or the supplementary charge sheet and the the allegations against him is merely that he is one of the partner of the firm of the main accused but his share is limited to the extent of merely 1%, further, the case rests substantially on documentary evidence already seized by the investigating agency, and custodial interrogation does not appear necessary at this stage, and further, the co-accused Shashank Chopda and Kamal Kant Patanwar have been granted regular bail by the Hon’ble Apex Court in SLP (Crl.) No. 3295/2026 and 5375/2026 vide order dated 17.04.2026 and the co-accused Basant Kumar Kaushik and Deepak Bandhe have been granted regular bail by the Hon’ble Apex Court in SLP (Crl.) No. 4542/2026 and 5381/2026, respectively, vide order dated 05.05.2026 this Court is inclined to extend the benefit of anticipatory bail to the 7 applicant. 10. 10. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shubham Barmecha, on executing a personal bond with one surety in the like sum to the satisfaction of the Arresting OfÏcer, he shall be released on bail on the following conditions:- (a) He should 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 should not act in any manner which will be prejudicial to fair and expeditious trial. (c) They should 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 sureties 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) He should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek