Shailendra Agrawal @ Banti vs. State Of Chhattisgarh

Held

The Court decided on two separate applications concerning the same crime number. For applicant Shailendra Agrawal @ Banti (MCRC No. 6130 of 2018), the Court considered the material on record and found no inclination to grant regular bail. The allegations were that Shailendra Agrawal, employed as a salesman responsible for selling stock from the cold storage, sold raisins and cumin worth Rs. 50 lakhs for only Rs. 34 lakhs to applicant Sanjay Bhattar, and misappropriated the received amount. Consequently, his application for regular bail was rejected. Regarding applicant Sanjay Bhattar (MCRCA No. 1073 of 2018), the Court found that he had paid the price of the articles purchased to the co-accused. Considering this, the Court felt inclined to grant anticipatory bail. Accordingly, Sanjay Bhattar was directed to be released on bail upon arrest, subject to executing a personal bond of Rs. 25,000/- with one surety, and adhering to specified conditions including availability for interrogation, not threatening witnesses, not acting prejudicially to the trial, and appearing before the trial court regularly.

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, District Raipur, 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 applicants claimed false implication, alleging the complainant fabricated the story to avoid GST payments. The complainant stated that his firm's stock of raisins and cumin at a cold storage, managed by Shailendra Agrawal, was sold by Shailendra without his knowledge. It was revealed Shailendra sold 24000 kg of raisins and 2000 kg of cumin to B.K. Enterprises, a firm where Sanjay Bhattar is a partner.

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? Contentions of the Petitioner/Applicant: - The applicants have been falsely implicated in the case. - No case is made out against them. - The sale transactions were made at the behest of the complainant to avoid GST payments. - Therefore, Sanjay Bhattar should be granted anticipatory bail and Shailendra Agrawal should be granted regular bail. Contentions of the Non-applicant/State and Objector: - The applications should be rejected due to the applicants' involvement in the alleged offence. - The involvement of the applicants in the offence committed in this case warrants rejection of the applications.