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2026 DAILYLAW 26439 (CHH)

JAGDISH SHADANI v. STATE OF CHHATTISGARH

MCRCA/1068/2026 · 2026-07-09

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1 CGHC010258092026 2026:CGHC:28957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1068 of 2026 Jagdish Shadani S/o Lakshman Das Shadani Aged About 47 Years R/o House No. 22/4 Ward No. 27, Sindhi Colony, Station Road, Durg, Tehsil And District- Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Anda, District- Durg Chhattisgarh ... Respondent For Applicant : Mr. Siddharth Tiwari, Advocate. For Respondent : Mr. Shashank Thkur, Addl. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 64/2026 registered at Police Station – Anda, District Durg (C.G.) for the offence punishable under Sections 318 (4) and 3 (5) of Bhartiya Nyaya Sanhita (for short ‘BNS’) and under Section 63 of the Copyright Act. 2. Case of the prosecution, in brief, is that concerned Police has received information to that effect that fake Sitar Gutkha is being prepared at the godown situated at village Anda, District Durg and packaging of the same is done in the name of Sitar company because of which loss is caused to 2 Sitar company because of which loss is caused to Sitar Company and wrongful gain is being earned by the manufacturer. Upon search, total items amounting to Rs. 85,000/- including pouch manufacturing machine amounting to Rs. 60,000/- was seized from the said godown. Based on above facts, FIR was registered at Police Station Anda, District Durg. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime in question, as there is no material available on record to connect the applicant with the crime in question. He further submits that some of the persons, who were making duplicate Gutkha have also been made accused. So far as present applicant is concerned, the applicant was supplying raw material and the FIR has not been lodged by the persons, who were associated with Sitar Company. He next submits that the applicant is neither partner of the manufacturing unit nor owned the raided godown. It is lastly submitted that based on the same allegations, another FIR bearing Crime No. 63/2026 was registered against the applicant, in which this Court granted the benefit of anticipatory bail to the applicant vide order dated 08.07.2026 in M.Cr.C. (A) No. 1055/2026; therefore, the applicant may also be extended the benefit of anticipatory bail in connection with Crime No. 64 /2026, registered at Police Station Anda, District Durg. 4. On the other hand, learned counsel opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Having considered the facts & circumstances of the case, particularly 3 considering the fact that the applicant was supplying raw material to Sitar Company and the FIR has not been lodged by the persons who were associated with the said Company and also considering the fact that another FIR bearing Crime No. 63/2026 was registered against the applicant based on the same allegations, in which, the benefit of anticipatory bail has already been extended to him vide order dated 08.07.2026 in M.Cr.C. (A) No. 1055/2026; this Court is inclined to extend the benefit of anticipatory bail to the applicant 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Jagdish Shadani, on executing a personal bond with 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 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 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.13 14:42:15 +0530 4