Chhattisgarh High Court

Anticipatory bail granted where applicant demonstrated lack of direct involvement in alleged paddy misappropriation and fictitious transportation.

Abdul Samad v. State of Chhattisgarh [MCRCA No. 227 of 2026 (2026:CGHC:10750)]

Chhattisgarh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1-2

An 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. 2

Physical verification found a surplus of 29,681 bags of paddy compared to online records.

Source reference: para. 2

The 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. 3
02

Issues

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 & 6
03

Law Applied

The Court considered Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the grant of anticipatory bail.

Source reference: para. 1

The 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. 1
04

Reasoning

The Court evaluated the facts and circumstances without commenting on the final merits of the case.

Source reference: para. 6

It 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. 3

While 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. 3

The 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 & 6
05

Holding

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. 7

The 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)
Chhattisgarh High Court

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Abdul Samad v. State of Chhattisgarh [MCRCA No. 227 of 2026 (2026:CGHC:10750)]

Chhattisgarh High Court · no citation

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