1 2025:CGHC:1553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 12 of 2025 Prakash Nayak S/o Late Shakrajeet Nayak Aged About 50 Years R/o Ganjanapuram Colony, District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Pusaur, District Raigarh (C.G.) ---- Non-Applicant For Applicant : Mr. Manoj Paranjpe, Advocate. For Non-Applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 1. This first anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the applicant, who is apprehending his arrest in connection with Crime No.294/2024 registered at Police Station Pusaur District - Raigarh (C.G.) for the offence punishable under Sections 191(2), 190, 296, 115(2), 132, 121(1), 221 of BNS, 2023. 2. Prosecution case in brief is that the complainant namely "Shishupal Bhoy" lodged a written complaint before the Police Station Pusaur District-Raigarh wherein he stated that he is the public servant/in- charge of the paddy procurement center of the Cooperative Society KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 located in the village - Chhichhor Umaria and working as a weigher since 29.11.2024, his job is to prepare weighing slip after getting the paddy weighed, on 16.12.2024, he was busy with his work and about 11.00 am to 11.30 am, where he was preparing the weighing slip of the farmers, the alleged applicant with other co-accused persons entered the premises without permission and weighed the unweighed sack of paddy by themselves in the electronic scale which was 42 kg whereas the weight of the paddy sack weighed by them was 40 kg 700 grams, due to this, an altercation between the parties took place where the alleged accused persons have obstructed the public servant from performing his duty, upon such basis, FIR has been registered against the accused person. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has not committed any offence as alleged against him. The complainant has alleged that the applicant has acted as an obstruction in the work of the complainant but the actual fact is that applicant who is a former MLA and farmer of Raigarh as well as worker of the political party, there were continuous complaints during paddy procurement and the fund in-charges are cheating the farmers by tampering with the weighing. On receiving the above complaints senior workers of the party in the interest of the farmers to be present at the paddy procurement centre during paddy procurement and to ensure that no fraud to be takes place with the farmers while procurement of the said paddy, with the same object the applicant went to the paddy procurement center where he came to know about the embezzlement in the weighing was done by the 3 complainant regarding which an written report was also lodged by one of the co-accused namely "Sukhsagar Gupta" before the police station in-charge, Pusaur District- Raigarh (C.G.) He further submits that the applicant being an Ex-MLA of the said province acted for the farmers after receiving the complaints by the locals who were defrauded by the complainant where applicant only objected the said act done by the complainant where complainant to safe guard himself from the said offence has lodged an frivolous complaint against the applicant and other co-accused persons. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that from perusal of the case diary, it appears that the applicant was working as a Paddy Purchase Center In-charge where he was preparing a weighing slip for farmer Om Prakash Gupta. During that time, Prakash Nayak, Rohit Patel, Sukhsagar, Bajrang Gupta, Kailash Gupta, Sudama Khambhari, and others entered the center and hurled filthy languages and weighed the paddy bags on the electronic scale without permission, thereby intimidating the complainant, due to this, an altercation between the parties took place where the alleged accused persons have obstructed the public servant from performing his duty. As such, 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. 4 6. Considering the fact and circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and further, the applicant has no previous criminal antecedent, therefore, without further commenting anything on merits, this Court find it appropriate 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 – Prakash Nayak, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal