[Cites 2, Cited by 0]
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
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
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
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
