1 2025:CGHC:13055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 380 of 2025 Shiv Shankar Xalxo S/o Tanish Ram Xalxo Aged About 35 Years (Aadhar No. 7827 6306 5843) R/o Village- Amaghat, Tahsil- Tamnar, District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Tamnar, District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Hari Agrawal, Advocate For Non-applicant/State : Mr. S.S. Baghel, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 16/2025 registered at Police Station – Tamnar, District- Raigarh, (C.G.) for the offences punishable under Sections 316(4) & 3(5) of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution’s case, in brief is that a written complaint was filed by one Vimal Singh in his capacity as the Manager of C.G. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 State Co-operative Society Ltd., Apex Bank, Branch-Tamnar, stating that on 15.01.2025, a survey was conducted at the Paddy Procurement Centre, Tamnar. During the physical verification, a shortage of 2,611.60 quintals (6,529 bags), amounting to Rs.80,95,960/-, was found compared to the online records. Consequently, an FIR was registered against the then Manager of the Paddy Centre, Niladri Patnaik; the Computer Operator, Smt. Madhubala Patnaik, Fad Incharge, Bharatlal Rathiya, Bardana Incharge, Shivshanker Xalxo (the applicant herein). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant was only a Bardana Incharge in the Paddy purchased from the farmers, in which no discrepancy was found, rather based on these correct entries only, the search team can find the deficiency in the physical stock. He further submits that the scope of movement of paddy out of the centre was within the sole work area of Manager, who was only authorized and responsible person on whose nod, paddy used to move out of the centre. He further submits that the other co-accused person who is a computer operator, namely, Madhubala Patnaik has already been granted anticipatory bail by this Court in MCRCA No. 226/2025, vide order dated 13.02.2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned 3 counsel for the applicant and submits that the present applicant and other co-accused persons is that they embezzled the paddy i.e. 2,611.60 quintals (6,529 bags) from the Paddy Procurement Centre, Tamnar, amounting to Rs. 80,95,960/-, therefore, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the applicant was only a Bardana Incharge in the Paddy purchased from the farmers and also considering the fact that the scope of movement of paddy out of the centre was within the sole work area of Manager, who was only authorized and responsible person on whose nod, paddy used to move out of the centre, and further considering the fact that the other co-accused person who is a computer operator, namely, Madhubala Patnaik has already been granted anticipatory bail by this Court in MCRCA No. 226/2025, vide order dated 13.02.2025, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Shiv Shankar Xalxo, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 4 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 and the surety shall submit a copy of his adhaar card along with a coloured 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) Chief Justice Rahul Dewangan