Sanjay Bhattar vs. State Of Chhattisgarh

Held

The Court decided on two issues concerning bail for the applicants. Regarding Shailendra Agrawal @ Banti (applicant in MCRC No. 6130 of 2018), the Court, after considering the material on record, was not inclined to grant regular bail. The reasoning was based on the allegations that he was employed as a salesman and was responsible for selling the complainant's articles. The allegation was that he sold raisins and cumin worth Rs. 50 lakhs for only Rs. 34 lakhs to Sanjay Bhattar and misappropriated the received amount. Consequently, his application for regular bail was rejected. With respect to Sanjay Bhattar (applicant in MCRCA No. 1073 of 2018), the Court found that he had paid the price of the articles purchased to the co-accused. Therefore, the Court was inclined to grant anticipatory bail to Sanjay Bhattar. The operative direction was that in the event of his arrest, he would be released on bail upon executing a personal bond of Rs. 25,000/- with one surety, subject to certain conditions including availability for interrogation, not threatening witnesses, not acting prejudicially to the trial, and appearing before the trial court regularly. The issue of GST avoidance was raised by the petitioner but not explicitly decided by the court as the focus was on bail applications.

Facts

Two applications were filed before the High Court of Chhattisgarh. MCRCA No. 1073 of 2018 was filed by Sanjay Bhattar seeking anticipatory bail, apprehending arrest in connection with Crime No. 231/2018 registered at Police Station Dharsiwa for offences under Sections 420, 406, 409, 411 & 201 of the IPC. MCRC No. 6130 of 2018 was filed by Shailendra Agrawal @ Banti seeking regular bail, having been arrested on June 10, 2018, in connection with the same crime number for offences under Sections 420 and 406 of the IPC. The complainant alleged that his firm's stock of raisins and cumin, managed by Shailendra Agrawal @ Banti at a cold storage, was sold without his intimation. It was revealed that Shailendra Agrawal @ Banti sold the stock to B.K. Enterprises, a firm where Sanjay Bhattar is a partner. The complainant alleged that Shailendra Agrawal @ Banti sold goods worth Rs. 50 lakhs for Rs. 34 lakhs to Sanjay Bhattar and misappropriated the amount.

Key Issues

1. Whether applicant Sanjay Bhattar is entitled to anticipatory bail under Section 438 of the Cr.P.C. in connection with Crime No. 231/2018 for offences under Sections 420, 406, 409, 411 & 201 of the IPC? 2. Whether applicant Shailendra Agrawal @ Banti is entitled to regular bail under Section 439 of the Cr.P.C. in connection with Crime No. 231/2018 for offences under Sections 420 and 406 of the IPC? Arguments for the Applicants: The applicants contended that they were falsely implicated. They argued that the sale transactions were made at the behest of the complainant himself, who allegedly wanted to avoid paying GST, and thus, the complainant concocted a false story. They prayed for anticipatory bail for Sanjay Bhattar and regular bail for Shailendra Agrawal @ Banti. Arguments for the Non-applicant/State and Objector: The State and the objector opposed the applications. They argued that considering the involvement of the applicants in the alleged offence, the applications should be rejected.