1 - Gopal Krishna Agrawal S/o Shri Fakir Chandra Agrawal Aged About 48 Years v. State Of Chhattisgarh Through Police Incharge, Police Stat
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:8668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 244 of 2025 1 - Gopal Krishna Agrawal S/o Shri Fakir Chandra Agrawal Aged About 48 Years R/o Samta Nagar, Ward No. 15 Gaurela, Tehsil Pendraroad, Police Station Gaurela, District Gaurela Pendra Marwahi (C.G.) 2 - Ashish Agrawal S/o Shri Fakir Chandra Agrawal Aged About 41 Years R/o Samta Nagar, Ward No. 15 Gaurela, Tehsil Pendraroad, Police Station Gaurela, District Gaurela Pendra Marwahi (C.G.) ... Applicants versus State Of Chhattisgarh Through Police Incharge, Police Station Gaurela, District Gaurela-Pendra-Marwahi (C.G.) ... Non-applicant For Applicants
Legal Reasoning
: Mr. Manoj Paranjpe, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Deputy Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 19/02/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 09/2023 (wrongly typed as 09/2024 in the impugned order) registered at Police Station – Gaurela, District – Gaurela-Pendra- 2 Marwahi (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and read with Section 34 of the IPC. 2. Prosecution case in brief is that an FIR was lodged by one Ramesh Kumar Lahre (ofÏcer in-charge marketing federation Gaurela) on 05.01.2023 alleging that for the Kharif year of 2021-22, four firms i.e. Shyam industries, Shyam Food products, Yash Rice mill and Yash Modern food products Anjani Gaurela had issued a total of 61 bank guarantee from the State bank branch, Pendra Road which were amounting to Rs 44 crores, the said bank guarantee were deposited in the district marketing federation ofÏce, Gaurela Pendra (C.G.). It has been alleged in the complaint that out of these 61 bank guarantee, 38 bank guarantee were confirmed by the branch manager of the bank which were amounting to Rs 22.50 crore and the remaining 23 bank guarantee from 3 firms amounting to Rs 21.50 crore issued from the State bank, Pendra Road branch are fake and forged, it has been alleged that the above mentioned 4 firms have deposited forged bank guarantee and have lifted the paddy from the C.G. marketing federation thereby causing loss to the State. It is further the case of the prosecution that for the present kharif year of 2022-23 a total bank guarantee amounting to Rs 20 crore issued by the State bank Pendra Road Branch which has been deposited in the district marketing federation ofÏce are also forged and fake and that these bank guarantee has also been issued by the above mentioned 4 firms, the issuance of forged bank guarantee has also been afÏrmed by the C.G. Marketing federation regional ofÏce, Bilaspur (C.G.), therefore on the basis of written 3 complaint the crime No. 9/2024 for offence under section 420, 34 IPC has been registered against the bank manager of State bank Gaureal Pendra road namely Sripriyan Toppo and against the proprietors of the 4 firms i.e. Shyam industries, Shyam Food products, Yash Rice mill and Yash Modern food products Anjani Gaurela. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the aforesaid case. He further submits that the applicant No. 1 is a proprietor of Shyam Food Products and is aged about 48 years and the applicant No. 2 is a proprietor of Yash Modern Food Products and is aged about 41 years, the applicants has been targeted by the department without any documentary evidence and has been falsely implicated in the instant case. Earlier after registering the crime No. 09/2023 and after investigation it was found that no material has been brought against the applicants therefore the closure report was submitted before the Magistrate, Pendra Road (C.G.). He further submits that earlier a complaint was made by the rival millers before the collector against the applicants on 24.12.2022, it was alleged in the complaint that the applicants has deposited forged bank guarantee and have lifted the paddy causing loss to the State, the said complaint was made on 24.12.2022 and it is very surprising to see that within 4 days an enquiry report was submitted on 28.12.2022 and on 29.12.2022, the applicants 4 firms were blacklisted. It is important to mention at this juncture that aggrieved by the order of blacklisting, the applicants had preferred a writ petition before the 4 Hon'ble Court by filing a writ petition bearing No. WPC/116/2023 & WPC/176/2023 and the Hon'ble Court vide its order dated 12.01.2023 had set aside the order of black listing against the applicants holding that the principles of natural justice has not been followed before passing the order of blacklisting thereby reserving the liberty in favor of the respondent to take appropriate steps in accordance with law ensuring compliance of principles of natural justice. In pursuance of the order passed by the Hon'ble High Court of Chhattisgarh in WPC/116/2023 & WPC/176/2023 the State Government has passed the order on 27.03.2023 and the order of blacklisting has been set-aside and fine of Rs 5,00,000/- has been imposed on the applicant which has also been deposited by the applicant firm. It was specifically held by the State government that no financial loss has been caused by the applicants to the State. The applicants have also challenged the order dated 27.03.2023 passed by the State Government by filing a writ petition bearing No. WPC/2178/2023 & WPC/2100/2023 respectively, which is pending consideration. The applicants have challenged the order dated 27.03.2023, passed by the State Government, whereby in view of Clause No. 9 of Chhattisgarh Custom Milling Order, 2016 a fine of Rs. 5 lacs have been imposed and it has been held that, the petitioner has committed certain irregularities, the fine amount has already been deposited by the applicants. Thereafter, another petition has been filed before the Hon'ble Court against the order dated 27.03.2023, the same has been filed by the rival rice millers/complainant, the grievance of the rival rice millers is that the 5 applicant has been favored by the State Government and that the order of blacklisting should have been imposed upon the applicant instead of imposing the fine amount. It is important to mention at this juncture that the rival rice millers have filed a writ petition against the applicants even though they don't have any locus to file the petition, more importantly the petition has been filed by the rival rice millers without even demonstrating in the entire petition as to how they are aggrieved by the order dated 27.03.2023, this goes to show that the applicants have been targeted by the rival rice millers without any reason just to harass them and their family and tarnish their good will in the market. The writ petitions preferred by the applicants i.e. WPC/2178/2023 & WPC/2100/2023 and the writ petition preferred by the rival rice millers have been clubbed together by the Hon'ble court and are pending for consideration. He further submits that the ingredients of the offence under Section 420, 467, 468, 471 of the IPC are completely missing. The FIR has been registered against the applicants only on assumptions without any valid piece of evidence. He further submits that the co-accused has already been granted anticipatory bail by this Court being MCRCA No. 1358/2024, vide its order dated 11.12.2024. Accordingly, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicants. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of 6 learned counsel for the parties and nature of dispute and material available in case diary also considering the allegation against the applicants and further the fact that the co-accused namely Fakirchand Agrawal, has already been granted anticipatory bail by this Court being MCRCA No. 1358/2024, vide its order dated 11.12.2024 and the FIR has been lodged on 05.01.2023 and at present since the authorities have not got any evidence against the applicants, therefore after a year due to political rivalry and due to pressure created by the rival rice millers, the applicants have been targeted and also have no criminal antecedents, therefore, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Gopal Krishna Agrawal and Ashish Agrawal on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) The Applicants 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 them from disclosing such fact to the Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d)The Applicants and the surety shall submit a copy of 7 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal