1 2026:CGHC:27237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1002 of 2026 1 - Om Gupta S/o Sukhnidhan Gupta Aged About 36 Years R/o Aamgaon, Tehsil Aamgaon, District Gondiya (Maharashtra) 2 - Pankaj Agrawal S/o Nanakchand Agrawal Aged About 34 Years R/o Anjora, Tehsil Aamgaon, District Gondiya (Maharashtra) 3 - Nitin Agrawal S/o Mahaveer Prasad Agrawal Aged About 34 Years R/o Aamgaon, Tehsil Aamgaon, District Gondiya (Maharashtra) ... Applicants versus State Of Chhattisgarh Through- Police Station Chhuriya, District Rajnandgaon (C.G.) ... Respondent For Applicants : Shri Manoj Paranjpe, Sr. Advocate with Shri Kabeer Kalwani, Advocate. For Respondent/State : Shri S.S. Baghel, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.14/2026 registered at Police Station – Chhuriya, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.03 13:41:14 +0530 2 Rajnandgaon (C.G.) for the offence punishable under Sections 3 (2) (च) (क), 3 (2) (च) (ख), 3 (2) (ज), 3 (2) (डा), 3 (3) (क) (1) (2), 3 (3) (क) (i) (ii), 3 (3) (ख) (क), 3 (4) (ख), 7 (1) (क) (i) (ii), 3 (2) (ज) (झ) & 7 (1) (ग) of the Essential Commodities Act, 1955 and section 238 of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the report was lodged against 10 persons for an offence under Sections 3 & 7 of Essential Commodities Act, 1955 with an averment that, illegal transportation and hoarding of paddy was being done from other States to the committees of Chhattisgarh for consumption and as per the orders of Collector, the investigation and checking was done by the authorities and during the checking of trucks coming from inter-state via NH.53, the Trucks bearing registration no. MH14 HU 4811, MH15 GV 4376, MH35 AJ 3499, MH35 AJ 4828, MH40 CD 7246, MH40 CD 9204 was found with illegal transportation and hoarding of paddy amounting Rs. 1,46,90,800/-. The said paddy was seized by the authorities and prima facie, offence under Section 3 & 7 of Essential Commodities Act, 1955 was found to have been committed and pursuant thereto, aforesaid offences were registered against the accused persons including the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is argued that the applicants are the owners of the seized paddy and vehicles and were not aware of the ban imposed by the State of Chhattisgarh. It is further submitted that there is no material to show that the paddy was being transported for sale at any paddy 3 procurement centre and that sale and purchase of paddy in the open market is not prohibited. The paddy and vehicles have already been seized, the Collector has imposed the prescribed fine, the entire fine amount has been deposited, and the seized property has been released. Learned counsel further submits that the bail application of co-accused Vishnu Agrawal was rejected by this Court in MCRCA No. 192/2026 on 13.02.2026; however, the Supreme Court, in Special Leave to Appeal No. 4903/2026, vide order dated 23.03.2026, granted him bail. It is also submitted that co-accused Neeraj Sapekar, Krishna Kumar Dongarwar and Arun Damahe were granted bail by this Court in MCRC No. 2509/2026 by order dated 23.04.2026. It is contended that no specific role has been attributed to the present applicants, they are permanent residents of address mentioned in the cause title, there is no likelihood of their absconding, they are ready to cooperate with the investigation and abide by all conditions, and therefore they deserve the benefit of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail but do not dispute the fact that co-accused person has been granted bail by the Apex Court and also by this Court. 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 applicants, further the fact that co-accused Vishnu Agrawal whose bail application 4 has been rejected by this Court in MCRCA No.192/2026 on 13.02.2026 has preferred Special Leave to Appeal No. 4903/2026 before the Apex Court and he has been allowed bail on 23.03.2026 by the Apex Court and further the fact that co-accused Neeraj Sapekar, Krishna Kumar Dongarwar and Arun Damahe have been granted bail by this Court in MCRC No.2509/2026 on 23.04.2026 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 applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Om Gupta, Pankaj Agrawal & Nitin Agrawal, on each of them executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo 5 having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri