Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:24100
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3493 of 2026 Naveen Agrawal S/o Ram Avtar Aged About 43 Years (As Per Fir) R/o Khadgaon, P.S. Dharamjaigarh District Raigarh Chhattisgarh ...Applicant
versus State Of Chhattisgarh Through P.S. Dharamjaigarh District Raigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 16.06.2026
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 75/2026, registered at Police Station - Dharamjaigarh District - Raigarh (C.G.) for the offence punishable under Sections 287 of BNS and Section 3 & 7 of the Essential Commodities Act.
2. Case of the prosecution, in brief, is that 27/03/2026, the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.16 18:33:35 +0530 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.16 18:35:54 +0530
2 received anonymous tip from their informer that one person is in possession of petrol and diesel. The police reached the spot i.e., Khadgaon village where the police raided the premise of the applicant and found total 130 liters of petrol in a jerrican and 45 liters of diesel, when the applicant was interrogated, he was unable to show any documents regarding purchase of inflammable substances. Therefore, the applicant was arrested for the aforesaid offences.
3.
Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that as per the police report opposing bail dated 02.04.2026, the prosecution has primarily relied upon the allegation that the applicant could not satisfactorily explain the source of purchase of the petrol and diesel found in his possession; however, such circumstance by itself is wholly insufficient to justify his implication in the alleged offence. The applicant had purchased the said fuel for use in his generator and personal vehicles, namely Maruti Wagon-R, Maruti Brezza, motorcycles and a scooty, particularly because there are no nearby petrol pump outlets in the vicinity of his village. The applicant has also produced valid bills demonstrating the bona fide and lawful purchase of petrol and diesel in bulk for the needs of his large family, especially when the nearest fuel outlet is situated approximately 10 kilometers away. Significantly, despite the search conducted by the prosecution agency, the said bills were not seized, which clearly reflects the arbitrary manner in which the applicant has been implicated. Apart from his own memorandum statement, there is no material available on record connecting the
3 applicant with the alleged offence. The offences alleged are triable by the learned Magistrate and carry a maximum punishment of one year. The applicant has no criminal antecedents, is the sole earning member of his family, and has remained in judicial custody since 27.03.2026, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 27.03.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7.
Let applicant, Naveen Agrawal, involved in Crime No. 75/2026, registered at Police Station - Dharamjaigarh District - Raigarh (C.G.) for the offence punishable under Sections 287 of BNS and Section 3 & 7 of the Essential Commodities Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of
4 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8.
Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice vaibhav