1 2026:CGHC:16451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 516 of 2026 Gopal Prasad S/o Shri Shriram Sao Aged About 26 Years R/o Gram Saago Bandh Jigantola, Thana Babhni, Tehsil Duddhi, Distt. Sonbhadra, U.P. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Sanawal, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Respondent(s) For Applicant : Ms. Hamida Siddiqui, Advocate For Respondent(s) : Ms. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 09/04/2026 1. This anticipatory bail application under Section 482 of the MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 17:37:22 +0530 2 Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 82/2025 registered at Police Station – Sanawal, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 318(4), 61(2) of BNS and sections 3 and 7 of Essential Commodities Act. 2. The prosecution case, in brief, is that a vehicle carrying illegal paddy was intercepted, leading to a raid at the house of co- accused Shyamsundar Gupta, where large quantities of paddy and farmers’ documents were seized. It is alleged that the co- accused was involved in illegal procurement and sale of paddy using farmers’ credentials, causing loss to the Government and farmers. During investigation, the present applicant was implicated on the allegation that he facilitated the illegal trade by supplying paddy to the co-accused. Accordingly, the offence was registered and investigation was undertaken. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the name of the applicant has been surfaced only on the basis of the memorandum statement of the co-accused, which has no independent evidentiary value. It is further submitted that no incriminating material has been seized from the possession of the present applicant. It is argued that the main allegations in the case are against co-accused Shyamsundar Gupta, from whose possession alleged illegal paddy, bank documents, passbooks, 3 cheque books, and other materials have been seized. The applicant is neither named in the FIR nor any recovery has been made from him. Learned counsel further submits that the applicant is a licensed trader engaged in the business of purchase and sale of agricultural produce under the name “Riya Trading Company” and is duly authorized by the competent authority to carry out such business. It is submitted that merely because the applicant is engaged in trade, he cannot be implicated in the alleged illegal activities of the co-accused without any direct evidence. It is also submitted that the applicant is a permanent resident of the address mentioned in the application and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready to cooperate with the investigation and abide by all conditions imposed by this Court. 4. Per contra, learned Panel Lawyer for the State opposes the application and submits that the applicant, in connivance with the co-accused, was involved in illegal transportation and trading of paddy in violation of statutory provisions, thereby causing loss to the Government and farmers. It is submitted that the offences are serious in nature and require custodial interrogation. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From the record, it appears that the main recovery of alleged contraband paddy and other incriminating documents has been made from the possession of co-accused Shyamsundar Gupta. 4 The involvement of the present applicant is primarily based on the memorandum statement of the co-accused. At this stage, it is well settled that the memorandum statement of a co-accused, without there being any independent corroboration, has limited evidentiary value. No direct recovery or documentary material connecting the applicant with the alleged offence has been brought on record so far. 7. Considering the nature of allegations, the role attributed to the applicant, and the fact that the applicant is a licensed trader having a fixed place of business and residence, this Court is of the view that custodial interrogation of the applicant does not appear necessary at this stage without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gopal Prasad, 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) 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 5 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 his adhaar card along with a coloured 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 Madhurima