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2026 DAILYLAW 27232 (CHH)

NEERAJ AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/1059/2026 · 2026-07-14

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010261232026 2026:CGHC:29928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1059 of 2026 Neeraj Agrawal S/o Ghanshyam Agrawal Aged About 41 Years R/o B- 02, Vrindavan Colony, Bhagwanpur, Raigarh, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Pusour, Raigarh, District- Raigarh (C.G.) ... Respondents (Cause Title taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Senior Advocate along with Mr. Arpan Verma, Advocate For Respondent/State : Mr. Praveen Das, Additional A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 15/07/2026 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.79/2026 registered at Police Station Pusour, District Raigarh (C.G.) for the offences VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.07.16 20:40:59 +0530 2 punishable under Sections 318(2), 317(5), 3(5), 336(3), 338, 340(2) and 61 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case is that on 13.03.2026, acting upon information, the police intercepted two trucks stationed at Pusour Petrol Pump carrying M.S. scrap material in suspicious circumstances. During inquiry, the drivers allegedly failed to produce valid invoices and informed the police that the scrap material had been loaded from Masodi Enterprises, Balangir (Odisha) for delivery to Mahamaya Steel, Punjipathra, Raigarh. On the basis of the memorandum statements of the drivers and the subsequent enquiry, it was alleged that the applicant was involved in the transaction. Consequently, FIR bearing Crime No.79/2026 was registered against the applicant and other co-accused for the offences punishable under Sections 318(2), 317(5), 3(5), 336(3), 338, 340(2) and 61 of the Bharatiya Nyaya Sanhita, 2023, and the investigation is presently in progress. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is neither the owner nor the partner of Mahamaya Steel, Punjipathra; rather, the partnership firm consists of Ritik Agrawal and Ghanshyam Agrawal. It is submitted that Mahamaya Steel had lawfully purchased the M.S. scrap material from Masodi Enterprises, Bargarh (Odisha), and the goods were being transported through valid GST invoices and E-way bills. There is no complaint from any person claiming ownership of the seized scrap material or alleging that the same was stolen. It is further submitted that both the seller and the 3 purchaser have admitted the transaction and the GST authorities have also been informed, who have stated that, at the most, proceedings under Sections 129 and 130 of the GST Act, 2017 can be initiated for any alleged irregularity relating to the E-way bill. Thus, even if the entire prosecution case is accepted on its face value, the essential ingredients of the offences punishable under Sections 318(2) and 317(5 of the Bharatiya Nyaya Sanhita, 2023 are not made out against the applicant. The investigation is still in progress, the applicant has no criminal antecedents, and he has cooperated with the investigating agency. The applicant craves leave of this Hon'ble Court to raise additional grounds at the time of hearing. He is ready to furnish adequate surety and undertakes to abide by all directions and conditions that may be imposed by this Hon'ble Court. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposed the submissions made on behalf of the applicant and submitted that during the course of investigation, sufficient material has been collected indicating the involvement of the applicant in the alleged offences. It is submitted that the applicant was actively connected with the transaction relating to the transportation of the M.S. scrap material, and the investigation has revealed prima facie material regarding manipulation of GST documents and illegal transportation of the goods. Since the investigation is still in progress and custodial interrogation of the applicant is necessary for a fair and 4 effective investigation, the applicant is not entitled to the grant of anticipatory bail. 5. We have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the nature of the allegations levelled against the applicant, it appears that the prosecution case primarily arises out of the alleged transportation of M.S. scrap material and the subsequent registration of the FIR on the allegation that the material was stolen and that there was manipulation in the GST E-way bills. It is not in dispute that both the seller and the purchaser admit the transaction, the GST invoices and E-way bills were generated, and no person has come forward claiming ownership of the seized scrap material or alleging theft thereof. The investigation is still in progress, the applicant has no criminal antecedents, and the dispute, prima facie, also involves issues relating to compliance under the GST Act. Therefore, without making any further comments on the merits of the case, this Court is 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– Neeraj Agrawal, in connection with Crime No.79/2026 registered at Police Station Pusour, District Raigarh (C.G.), on his executing a personal bond and furnishing one solvent surety in the like sum to the satisfaction of the Arresting/Investigating Officer, he shall be released on anticipatory bail, subject to the following conditions:- 5 (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 Aadhaar card along with a coloured postcard full size photo having printed the Aadhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved