1 2025:CGHC:15292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 442 of 2025 Bharat Lal Rathia S/o Dharmoo Rathia Aged About 42 Years (Aadhar No. 410175243163), R/o Village- Amaghat, Tahsil- Tamnar, District- Raigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Tamnar, District-Raigarh (C.G.) ... Respondent For Applicants : Mr. Hari Agrawal, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 01.04.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 16/2025, registered at Police Station – Tamnar, District – Raigarh (C.G.) for the alleged commission of offence punishable VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.02 12:43:32 +0530 2 under Sections 316(4) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is as that a written complaint was filed by one Vimal Singh, in the capacity of the Manager of C.G. State Co-operative society Ltd, Apex Bank – Tamnar to the effect that on 15.01.2025, a survey was conducted in the Paddy Procurement Centre, Tamnar, wherein upon physical verification, a shortage of total 2611.60 quintal (6529 bags) amounting to Rs. 80,95,960/- of was found vis-a-vis the online details, as such, a FIR was registered against the then Manager of Paddy centre namely Niladri Patnaik, Computer operator namely Smt. Madhubala Patnaik, Fad Incharge Bharatlal Rathia; and the Bardana Incharge, Shivshanker Bhagat. 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 computer operator 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 also submits that the applicant had an unblemished service career throughout and had no criminal antecedents. 3 Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the present applicant and other co-accused persons is that they embezzled the paddy2,611.60 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 computer operator 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, the applicant has no criminal antecedents, therefore, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bharat Lal Rathia, 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:- 4 (a) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaibhav