Chattisgarh High Court
Abdul Sattar vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by 2026:CGHC:12531
GOURI
MUDALIAR
Date: 2026.03.16
17:13:03 +0530 NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1372 of 2026
Abdul Sattar S/o Late Gulam Kadar Aged About 55 Years R/o House No. 07,
Daupara, Mungeli, Thana And Tehsil And District Mungeli C.G.
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station- Mungeli,
District Mungeli C.G. ... Respondent
For Applicant : Shri Manoj Paranjpe, Sr. Advocate with Shri Arjit Tiwari, Advocate.
For : Ms. Anusha Naik, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
16/03/2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No.32/2026 registered at Police Station Mungeli, District Mungeli Chhattisgarh for the offence punishable under Section 3 sub-section 7 of Essential Commodities Act, 1955.
2. Case of the prosecution, in brief, is that as per the information received on 10.01.2026 centers, through the alert application (Satark App) of 2 CCC Raipur, that the several rice millers' connivance with procurement centers fraudulently transporting the paddy from registered transport vehicle and showing the weight which is more than 200 percent of strength of the transporting vehicle which is technically impossible. Hence, an investigation team have been formed by the authorities. During the investigation of Upleta Rice Mill MA638511, Upleta Rice Mill MA401259 & National Dal Mill MA639750, an investigation. was conducted of aforesaid mills & godown. During the investigation the team have found FRK Rice in 1536 bags, and as per the calculation of 30 Kg each bag, the approximately 460.80 quintal amounting Rs. 19,35,360 from National Dal Mill MA 639750, which is disturbed by the government to the consumers under the PDS Scheme. And the said rice is found under the possession of the applicant without any authorization which is utter violation of clause 5.29 of Chhattisgarh Sarvjanik Vitran Pranali Niyantran, 2016. Therefore an FIR has been registered under section 3 sub section 7 of Essential Commodities Act, 1955 at police station Mungeli, District - Mungeli (C.G).
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the FRK rice allegedly seized from the premises of National Dal Mill was in fact rejected FRK rice, which had earlier been rejected by the Chhattisgarh Civil Supplies Corporation Ltd. on 24.03.2025 and 18.07.2025 for not meeting the prescribed quality standards. It is further submitted that the sample taken during investigation was sent for laboratory examination, and as per the lab report dated 16.01.2026, the rice was found to be sub-standard, which corroborates the applicant's stand. He would submit that co-accused Abdul Samad has 3 been granted anticipatory bail by this Court in MCRCA No.230/2026 on 02/03/2026. He would submit that applicant has no criminal antecedents, he is in jail since 20/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application but do not dispute the fact that co-accused has been granted anticipatory bail by this Court.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, considering the fact that co-accused Abdul Samad has been granted anticipatory bail by this Court in MCRCA No.230/2026 on 02/03/2026, period of detention of the applicant since 20/01/2026 and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the Applicant- Abdul Sattar, involved in Crime No.32/2026 registered at Police Station Mungeli, District Mungeli Chhattisgarh for the offence punishable under Section 3 sub-section 7 of Essential Commodities Act, 1955, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence 4 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 applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. 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 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant 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 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.
8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE gouri