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2025:CGHC:12893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA
No.
373
of 202
5 • Manohar Pradhan S/o Late Baikunth Bihari Pradhan Aged About 33 Years R/o Village- Jadamuda, P.S. Basna, District Mahasamund, Chhattisgarh.
... Applicant versus • State of Chhattisgarh through the Police Station Basna, District Ma- hasamund, Chhattisgarh. ... Respondent For Applicant : Mr. Raza Ali, Advocate For Respondent-State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri
Ramesh Sinha, Chief Justice
ORDER
ON BOARD
18/03/2025
1. Applicant has filed this first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he apprehends his arrest in connection with Crime No. 56/2024 registered at Police Station – Basna, District Mahasamund (C.G.) for offence punishable under Sections 120-B, 420, 467, 468, 471/34 of IPC.
2. Case of prosecution in brief is that complainant/ Branch Manager, Jila Sahkari Kendriya Bank Maryadit, Pirda lodged a written complaint to the effect that on 19.01.2024 at Paddy procurement Centre of Prathmik Krishi Sakh Sahakari Samiti Maryadit, Jadamuda registration No. 879, the present applicant purchased the paddy without looking at the Rin Pustika of the farmers and obtained undue benefit by purchasing the paddy from farmers. Ramprasad (co-accused) who sold the paddy by adding the area of other farmers into his PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 holding without their consent/permission. It was also alleged that in the inquiry report submitted to the Deputy Registrar, Sahkari Sansthayen, District Mahsamund jointly conducted by Deputy Collector and Nodal Officer, Jila Sahakari Kendriya Bank, Mahasamund on the direction of Nodal Officer, District Mahasamund of the Gramin Sahakari Sewa Samiti Jadamuda Procurement Centre Jadamuda that the present applicant in connivance with others procured the paddy at minimum support price and extended loss to the State. On such a basis, the Police registered the alleged offences against the present applicant and co-accused.
3.
Learned counsel for applicant submits that applicant is innocent, he has been falsely implicated in the crime based on false and baseless allegation. It has been argued that applicant is a farmer and has not played any role in commission of offence as alleged. He further submits that the other co- accused person who is also a farmer, namely, Santlal Pradhan has already been granted anticipatory bail by this Court in MCRCA No. 269/2025, vide
order dated 24.02.2025. He further submits that the allegations against the co- accused who is the Manager of the Co-operative Society, namely, Umesh Kumar Bhoi, are different from that of the present applicant and therefore his application for grant of anticipatory bail has already been rejected by this Court in MCRCA No. 224/2024 vide order dated 30.04.2024. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel opposes the submission made by
learned counsel for the applicant and submits that the complainant alleging that the agricultural land area of the applicant, who is a farmer, was increased by the revenue authorities. As a result, the Co-operative Society purchased the paddy based on the enhanced land area, providing undue benefits to the applicant and two other farmers, therefore, he is not entitled for grant of anticipatory bail.
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5. I have heard learned counsel for the parties and perused the documents placed on record.
6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submission of learned counsel for applicant that the applicant is a farmer has no such role to play fraud with the Government. And also that the other farmers namely Santlal Pradhan has already been granted anticipatory bail by this Court in MCRCA No. 269/2025 vide order dated 24.02.2025, further that there is distinction of allegation between the co-accused Umesh Kumar Bhoi whose bail application has already been rejected by this Court in MCRCA No. 224/2024 on 30.04.2024, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case.
7. Accordingly, the instant anticipatory bail application is allowed and it is
directed that in the event of arrest of the applicant –Manohar Pradhan on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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 from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) 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 (d) The Applicant along with the surety 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) The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) pwn
Chief Justice