Prashant Ashok Mohod vs State Of Chhattisgarh

Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 66/2015 registered at Police Station- Mandir Hasaud District- Raipur (C.G.) for the offence punishable under Sections 420, 406,467, 468, 471 and 120 B of the Indian Penal Code.

Case of prosecution, in brief, is that in the year 2014-15 complainant placed a purchase order on Agrasen Ispat Company for Lot No. 1 and Lot No. 2 from 17.05.2014 to 12.01.2015. Lot No. 1 was for supply of 697.48 MT of iron bar and Lot no. 2 was 450 MT Iron bar. Agrasen Ispat Company placed the said order with one M/s S R Steel Indian Ltd., Wardha Maharashtra, for purchase of the said iron bar. M/s S R Steel India Ltd had an agreement with M/s Jai Bajrang Power & Ispat Ltd. Situated at Raipur for manufacture of iron bar on behalf of S.R. Steel India Ltd. The iron bars were manufactured by M/s Jai Bajrang Power and Ispat Ltd. And after placing the trade mark of M/s Steel India Ltd, the said iron bars were supplied to the complainant company through the transporters including on Jai Durga Transporter and others Transporters. The complainant did not have a weighing machine at its destination were the iron bars had to be unloaded and therefore taking advantage of the said fact, the accused persons after manipulating the weight of the iron bars in the weighing receipts supplied 274.48 MT less out of the total 1150 MT. Based upon the aforementioned facts, crime was registered.

Learned counsel for the applicant would submit that applicant has been falsely implicated in the crime. He has not committed any offence as alleged. He further submits that applicant is in business of transportation. He submits that the crime is of the year 2015, however, since last about 11 years there is no interrogation of applicant by the Police. Presently in the month of September, 2026 the Police approached him and thereafter, anticipatory bail application was filed before Court below. He also submits that according to his instructions the trial against the co-accused persons are still pending even after the lapse of more then ten years and is at the stage of examination of prosecution. Referring to the copy of the complaint he submits that allegation in the complaint is against the supplier, transporter and owners of the persons running the business, however, applicant is in the business of transportation but he was not engaged in transportation with complainant during that period.

On the other hand, learned State counsel opposes the submission of counsel for applicant and would submit that according to the allegation applicant has manipulated weighing receipts and thereby there was shortage of supply of iron bars. However he do not dispute the submission made by learned counsel for the applicant that the crime is of the year 2015and prior to September, 2026, there was no attempt made to interrogate the applicant.

I have heard learned counsel for the respective parties.

Taking into consideration the facts and circumstances of the case, nature of allegations as also the submission made by learned counsel for the respective parties, without commenting anything on merits, I am inclined to allow this anticipatory bail application.

Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:

(i)that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;

(ii)that the applicant 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/her from disclosing such facts to the Court or to any police officer;

(iii)that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv)that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

Certified copy as per rules.