Facts
The applicant sought anticipatory bail regarding Crime No. 0035/2026 involving allegations of "bogus lifting" and fictitious transportation of paddy by rice mills.
Source reference: para. 1-2An inquiry based on the I.C.C.C. application revealed that vehicles were recorded transporting quantities exceeding their registered load capacities at three units, including National Dal Mill.
Source reference: para. 2Physical verification found a surplus of 29,681 bags of paddy compared to online records.
Source reference: para. 2The applicant contended he is neither the owner of the mill nor the vehicles, had no role in supervising the transportation or signing documents, and has no criminal antecedents.
Source reference: para. 3Issues
Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the nature of the allegations involving misappropriation of government property.
Source reference: para. 1 & 6Law Applied
The Court considered Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the grant of anticipatory bail.
Source reference: para. 1The substantive charges were brought under Sections 318(4) (Cheating), 316(5) (Criminal Breach of Trust), and 61(2) (Criminal Conspiracy) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 3 and 7 of the Essential Commodities Act, 1955, regarding the regulation and punishment for contravention of orders related to essential goods.
Source reference: para. 1Reasoning
The Court evaluated the facts and circumstances without commenting on the final merits of the case.
Source reference: para. 6It took note of the applicant's primary defense that he held no proprietary or managerial interest in the mill or the transport vehicles involved in the alleged fictitious entries.
Source reference: para. 3While the prosecution alleged a planned misappropriation through "bogus" data, the Court considered the applicant’s lack of criminal history and the submission that custodial interrogation was unnecessary as he was not a signatory to the transport documents.
Source reference: para. 3The Court balanced the gravity of the economic irregularity against the individual's specific role and personal circumstances, such as family hardship.
Source reference: para. 3 & 6Holding
The High Court allowed the application and granted anticipatory bail to the applicant.
The Court ordered that in the event of arrest, the applicant be released upon executing a personal bond with one local surety.
Source reference: para. 7The bail is subject to conditions including: non-interference with witnesses, regular appearances before the trial court, verification of Aadhaar details, and a prohibition against committing similar offenses in the future.
Source reference: para. 7(a)-(e)Original Court PDF
Abdul Samad v. State of Chhattisgarh [MCRCA No. 227 of 2026 (2026:CGHC:10750)]
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