1 2025:CGHC:13061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 364 of 2025 1 - Hitesh Kumar Kashyap S/o Shri Teekaram Kashyap Aged About 46 Years R/o. Village- Bhilai Bazar, Occupation - Fad Prabhari Aadim Jati Sewa Sahakari Samiti Maryadit Akhrapali, Registration No. 305, District- Korba (C.G.) 2 - Rameshwar Prasad S/o Shri Kaushal Prasad Aged About 31 Years R/o Village- Bhilai Bazar, Occupation- Manager Aadim Jati Sewa Sahakari Samiti Maryadit Akhrapali, Registration No. 305, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Hardibazar Distt.- Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sunil Sahu, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.19 19:11:38 +0530 2 applicants, who are apprehending their arrest in connection with Crime No. 15/2025 registered at Police Station – Hardibazar Distt.- Korba (C.G.) for the offence punishable under Sections 316(5), 3(5) of the BNS. 2. As per the prosecution case, a written report was made by the Supervisor Branch Manager Jila Sahakari Bank Maryadit Korba Branch on 07.02.2025 on the instructions of the Deputy Commissioner Co-operative Korba i.e. Deputy Registrar Co- Operative Society Korba dated 06.02.2025 with the averment that on the basis of the physical verification report of the Aadim Jati Sewa Sahakari Samiti Maryadit Akhrapali, Registration No. 305, Procurement center Akhrapali it is found that that the random weights of the bag contain 41 and 42.8 Kg paddy which is more than prescribed limit 40 Kg and in stock register 35,324 bags were mentioned but in counting 30,442 Bags were found and there is chance for loss of the 1952.80 quintal paddy though the applicants have raised the objection regarding counting's of the bag as per the stack and there is difference in counting as per the panchnama but without made any Inquiry or without any weight of the paddy instead of lifting the paddy report is lodge against the applicants who are the manager and fad Prabhari of the samiti and thana Police sought to arrest the applicants for the alleged commission of offence. 3. Learned counsel for the applicants submits that the applicants are the Fad Prabhari & Manager (Samiti Prabandhak) of the Aadim Jati Sewa Sahkari Samiti Maryadit Akhrapali registered under the Chhattisgarh Co-operative Societies Act, 1960 having its 3 registration number 305 and as per the Scheme of the state Government society is purchasing the paddy in its procurement Centers as per the norms and guidelines issued for purchasing the paddy in the year 2024-2025. The applicants have purchased 61548 quintal paddy in the procurement center in support price fixed by the govt and time to time the same is mentioned in the portal and uploaded in the website number of occasion the ofÏcers of the department have made the verification and submitted the report of satisfaction in quality and quantity of the paddy. On 01.02.2025 the Supervisor and team has visited the Society and made the verification of stock of the paddy and found the weight of bags about 41 kg and 42.8 Kg in the random weight and the same is due to the heavy rain on 30.01.2025 in the said area due to leakage of Tirpal the moisture contain in the bags and the team has verified the bags of above side of the stock. The counting of the stack is made by the team and some shortage of bags is found in the sad counting applicants have raised the objection therefore the second time counting was made and there is difference of about 4,500 bags in counting therefore the applicants wrote the letter to the collector on next day itself and requested for recounting of the paddy bags in the stack. The applicants have been falsely implicated in the present case though they have not committed any fraud or forgery or misappropriation of the Govt. fund in the paddy procurement center they have been implicated only on the ground that the applicants were the Fad Prabhari and Manager of the society in the year 2024-25 and if the material available in the 4 record is accepted the applicants have not committed any mistake as on the date 302 quintals paddy is lying in the society but the same was not lifted. 4. Learned counsel for the applicants further submits that if the provisions of Co-operative Society Act are considered it is first required to the Police or authority to make the enquiry whether the applicants have committed any criminal breach of trust or not and if he has misappropriated the paddy from the center where the said paddy was sent or transported. The impugned action for not lifting the paddy is contrary to the norms as there is specific averment in para 2.7 of the agreement that the paddy more than buffer limit shall be lifted within 72 hours and as per para 2.8 the complete paddy is to be lifted upto 28.02.2024 but the same has not been done by the respondent authorities therefore the applicant cannot be held responsible for any of the loss and it cannot say that the applicant shas committed breach of trust. The weather has been changed number of times there is heavy rain which will causes the loss to the society as well as Incharge of the procurement centers. The Applicant submitted the detailed request letter by explaining each and every thing before the authority and requested to lift the paddy from center and comply the terms and conditions of the policy and there is a clause of arbitration in the agreement but the respondent department instead of approach to the arbitrator lodge the FIR. The respondent department instead of sending the matter to Arbitrator as per the agreement clause or to recover the loss under the provision of society Act and without making Inquiry in term of order 5 passed by this court in the Writ petition registered the FIR against the Applicants and sought to arrested them. 5. He lastly argued that on 27.02.2025 District Co-opreative OfÏcer submitted the the application mentioning that 302.80 quintal Peddy is shown in the portal and on 02.03.2025 A Panchnama has been prepared in the Peddy is the lying in the center but same has not been up lifted. A copy of the letter dated 27.02.2025 with Panchnama, Photographs and detail of remaining Peddy for which DEO has been issued on 03.03.2025. 6. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant and submits that the case is at the investigation stage and charge-sheet has yet to be filed. Anticipatory bail application should be accepted exceptionally in such cases in which prima facie involvement in the crime is not shown whereas in this case the involvement of the applicant is prima facie visible. Also, no such exceptional circumstances are shown in this bail application on the basis of which the benefit of anticipatory bail should be given to the accused/applicant. 7. I have heard learned counsel for the parties and perused all of the documents taken on record. 8. Perusal of the case diary goes to show that the team in-charge and other members have certified the stock of paddy and gunny bags procured by the procurement centers in the Kharif marketing year 2024-25 to be correct at the paddy procurement center Akhrapali under the information of the attached procurement centers for 6 physical verification between 23.01.2025 to 31.01.2025. The present Phad In-charge Manhar Singh Binjwar on 14.02.2025 informed the District Marketing OfÏcer, District-Korba (C.G.) about the remaining 302.80 quintals of paddy in the village procurement center Akhrapali under the subject. It was written regarding immediate lifting of paddy. In the said letter dated 19.02.2025, it is clearly written in the details of paddy purchase till date (2024-2025) that the quantity of paddy purchased is 61548 quintals and the quantity of paddy issued to the mill is 61245.20 quintals, thus a total of 302.80 quintals is remaining. On 03.02.2025, the applicants have written a letter to the Collector, Korba (C.G.) and requested that the correct peeling/streaking of paddy bags has not been done on the spot, due to which there is a difference in the count of bags and a request has been made to re-count them. On 01.02.2025, Saturday, holiday, the accused have been implicated by conducting arbitrary and fabricated investigation, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the applicants. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Hitesh Kumar Kashyap and Rameshwar Prasad, on executing a personal bond with one surety (each) in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) They should 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 from disclosing such fact to the 7 Court. (b) They should not act in any manner which will be prejudicial to fair and expeditious trial. (c) They should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicants and the sureties shall submit a copy of 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) They should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Manpreet