1 2026:CGHC:18939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2509 of 2026 1 - Neeraj Sapekar S/o Khemchand Aged About 32 Years Occ.- Truck Driver, R/o Jamurtola Tehsil Amgaon, District Gondia (M.H.) 2 - Krishna Kumar Dongarwar S/o Hudkuda Dongarwar Aged About 36 Years Occ.- Truck Driver, R/o Kunbitola, Tehsil Salekasa, District Gondia (M.H.) 3 - Arun Damahe S/o Noharlal Damahe Aged About 42 Years Occ.- Truck Driver, R/o Mohantola, Tehsil Amgaon, District Gondia (M.H.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer Police Outpost Chichola, Police Station Chhuriya, District Rajnandgaon (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Aditya Bhardwaj, Advocate For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2026 1. This is the First Bail Application filed by the applicants under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.24 19:05:57 +0530 2 with Crime No.14/2026, registered at Police Station Chhuriya, District Rajnandgaon (C.G.) for the offence punishable under Sections 3 & 7 of Essential Commodities Act, 1955. 2. Case of the prosecution, in brief, is that as per prosecution story, 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 have been falsely implicated in this case and they are innocent and had neither committed nor participate in the above said crime and there was no intention or motive of the applicants to commit the crime. He further submits that the co-accused, namely, Vishnu Agrawal whose anticipatory bail application was rejected by this 3 Court vide order dated 13.02.2026 in MCRC No.192 of 2026, preferred an Special Leave to Appeal No.4903/2026, which was allowed by the Hon’ble Apex Court vide its order dated 23.03.2026. He lastly submits that the applicants are in jail since 10.02.2026 and the case of the present applicants are similar to that of the co-accused, hence he prays for grant of bail to the applicants. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicants and also the submissions advanced by learned counsel for the applicant, but could not dispute the fact Special Leave to Appeal filed by the co-accused, namely, Vishnu Agrawal has already been allowed by the Hon’ble Apex Court and further the case of the present applicants is similar to that of the co-accused. 5. Taking into consideration the fact that the co-accused, namely, Vishnu Agrawal whose anticipatory bail application was rejected by this Court vide order dated 13.02.2026 in MCRC No.192 of 2026, preferred an Special Leave to Appeal No.4903/2026, which was allowed by the Hon’ble Apex Court vide its order dated 23.03.2026 and the case of the present applicants are similar to that of the co-accused. Further, the applicants are languishing in jail since 10.02.2026, hence the bail application of the applicants stands allowed. 6. Let applicants, Neeraj Sapekar, Krishna Kumar Dongarwar & Arun Damahe, involved in Crime No.14/2026, registered at Police 4 Station Chhuriya, District Rajnandgaon (C.G.) for the offence punishable under Sections 3 & 7 of Essential Commodities Act, 1955, be released on bail on his furnishing a personal bond with two local sureties each respectively in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the 5 applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Saxena