[Cites 2, Cited by 0]
Chattisgarh High Court
Suraj Shah vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11436
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 359 of 2026
Suraj Shah S/o Shri Upendra Shah Aged About 29 Years R/o Village
Lakhauli, P.S. Arang District Raipur (C.G.) ...Applicant
VAIBHAV
SINGH versus
Digitally signed
by VAIBHAV
SINGH
Date: 2026.03.11
10:37:42 +0530
State Of Chhattisgarh Through- Station House Officer, Police Station-
Vidhansabha, District Raipur (C.G.) ...Non-applicant
For Applicant : Mr. Vikash A. Shrivastava, Advocate.
For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
10.03.2026
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.493/2025,
registered at Police Station - Vidhansabha, District Raipur (C.G.) for
the offence punishable under Sections under Sections 287 & 111 of
the BNS and Sections 3 R/w7 of the Essential Commodity Act.
2. The prosecution story in brief, is that, during routine patrolling by the
police within the jurisdiction of Police Station Vidhansabha at about
21:40 hours on 01.10.2025, information was received that some
persons had illegally stored flammable liquids, namely petrol and
diesel, for the purpose of unauthorized sale in the yard of co-accused
Suraj Shah situated near Village Pirda. Acting upon the said
information, the police conducted a raid at the spot, whereupon the
main accused Suraj Shah managed to flee from the place of
occurrence, while the present applicant along with other co-accused
persons was apprehended. During the search and inspection, a total
of 1500 liters of diesel and 40 liters of petrol were found stored and
seized. Out of the said quantity, 400 liters of diesel and 40 liters of
petrol were seized from the possession of co-accused Neeraj Kumar
and 400 liters of diesel was seized from the possession of co-accused
Abhishek Choubey. Thereafter, the concerned police registered an FIR
against the accused persons under Sections 287 and 111 of the
B.N.S. and Section 3 read with Section 7 of the Essential
Commodities Act. The accused persons were arrested and are
presently in judicial custody, and the charge-sheet has also been filed
before the competent Court.
3. Learned counsel for the applicant submits that the applicant is an
innocent person and has been falsely implicated in the present case. It
is further submitted that the essential ingredients of the offences
punishable under Sections 287 and 111 of the B.N.S. and Section 3
read with Section 7 of the Essential Commodities Act are not made
out against the present applicant. Learned counsel submits that the
learned trial Court has failed to appreciate that the applicant was not
even present at the spot and nothing incriminating has been shown
against him in the charge-sheet. It is further submitted that, as per the
charge-sheet filed by the prosecution, the entire quantity of diesel and
petrol was found in the possession of the co-accused persons. It is
also submitted that the co-accused persons were merely employees
of the applicant working in the yard and, in the absence of the
applicant, if they have committed any alleged offence, the applicant
cannot be presumed to have knowledge of the said act. Learned
counsel further submits that two co-accused persons have already
been granted bail by this Hon'ble Court in M.Cr.C. No. 8927/2025 vide
order dated 15.12.2025, therefore, he prays for grant of anticipatory
bail to the applicant.
4. On the other hand, learned State counsel opposes the anticipatory
bail application of the present applicant.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the facts and circumstances of the case, the submissions
advanced by learned counsel for the parties, the nature of the dispute
and the material available on record, and further taking into
consideration the fact that the co-accused persons, namely Neeraj
Kumar and Akhilesh Choubey, have already been granted bail by this
Hon'ble Court in M.Cr.C. No. 8927/2025 vide order dated 15.12.2025,
this Court is inclined to extend the benefit of parity to the present
applicant. Accordingly, without expressing any opinion on the merits of
the case, this Court finds it appropriate to allow the present
application.
7. Accordingly, the instant MCRCA is allowed and it is directed that in
the event of arrest of the applicant - Suraj Shah, 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
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
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) he shall not involve himself in any offence of
similar nature in future.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Vaibhav
