1 CGHC010269122026 2026:CGHC:30672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1135 of 2026 1 - Vikas Kumar Agrawal S/o Late Shri Nanhu Ram Agrawal Aged About 45 Years R/o Village Baradwar P.S. Baradwar Distt. Sakti C.G. ... Applicant(s) versus 1 - State of Chhattisgarh Through- Police Station Tamnar, District Raigarh C.G. ... Respondent(s) For Applicant(s) : Mr. Manoj Kumar Sinha, Advocate For Respondent(s)/State : Mr. Saumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 RUCHI YADAV Digitally signed by RUCHI YADAV 2 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.154/2026 registered at Police Station –Tamnar, District- Raigarh (C.G.) for the offence punishable under Sections 3 & 7 of Essential Commodities Act and 318(4) of BNS, 2023. 2. The prosecution story, in brief, is that on the basis of a written complaint lodged by the Fertilizer Inspector-cum-Senior Agriculture Development Officer, Block Tamnar, it was alleged that during inspection, 50 bags of DAP fertilizer were found being transported and stored without any valid purchase documents. Upon inquiry, it was revealed that the fertilizer was being illegally sold without a valid licence in violation of the Fertilizer (Control) Order, 1985. The fertilizer and the vehicle used for its transportation were seized. During investigation, samples of the seized fertilizer were sent to the Fertilizer Quality Control Laboratory, Raipur, which reported the fertilizer to be substandard, indicating that fake/adulterated fertilizer was being traded, thereby cheating farmers. On the basis of the said complaint, the present crime was registered against the accused for the offences punishable under Section 318(4) of the Bharatiya Nyaya 3 Sanhita, 2023 and Sections 3, 7 of the Essential Commodities Act and the matter was taken up for investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged. It is contended that the allegations against the applicant are based merely on the statements of the driver and the agriculturist and there is no documentary or independent evidence, such as sale invoices or transport documents, to connect the applicant with the alleged offence. It is further submitted that the investigation is primarily based on documentary evidence, which is already in the custody of the investigating agency, and therefore, no custodial interrogation of the applicant is required. Learned counsel also submits that applicant has no criminal antecedents. Accordingly, it is prayed that the applicant be enlarged on anticipatory bail. 4. On the other hand, learned State counsel vehemently opposes the prayer for grant of anticipatory bail and submits that during inspection conducted by the Senior Agriculture Officer, irregularities in the supply of fertilizer were detected, and the name of the present applicant has been specifically mentioned in the FIR. It is, therefore, contended that prima facie material is available against the applicant and, 4 accordingly, the anticipatory bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having regard to the facts and circumstances of the case, this Court is of the considered opinion that the role attributed to the applicant is a matter to be examined during trial. At this stage, considering that the applicant has no criminal antecedents, the investigation is primarily based on documentary evidence and no specific circumstances have been brought on record to indicate the necessity of custodial interrogation, this Court finds it a fit case for grant of anticipatory bail. Accordingly, without commenting upon the merits of the prosecution case, the application is allowed. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vikas Kumar Agrawal on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (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 5 Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card along with a colored postcard full size photo having printed the adhaar 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/- (Ramesh Sinha) CHIEF JUSTICE Ruchi