Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16908
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 499 of 2025 Suraj Kumar Jaisawal S/o Ram Singh Jaisawal Aged About 32 Years R/o Village Sukhada, Thana Dabhara, District- Sakti, (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kharsia, District Raigarh (C.G.)
... Respondent For applicant : Shri T.K. Jha, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 11/04/2025
1. Proceedings of this matter have been taken through video conferencing.
2. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.169/2025, registered at Police Station Kharsia, District Raigarh (C.G.) for alleged commission of offence punishable under Sections 316 (4), 3(5) of BNS.
3. Case of the prosecution, in brief, is that on the written complainant dated 14.11.2024 moved by the Branch Manager, C.G. State Co Operative Bank (Apex Bank), branch Raigarh that Paddy Procurement GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.17 11:15:18 +0530
2 work was done by the Paddy Procurement Centre Tiur of Adiwasi Jati Sewa Sahakari Samiti Limited Turekela Registration No. 837. A joint investigation team was constituted by the Collector Raigarh and the team submitted his report after physical verification on 13.02.2025 that, in physical verification 22389 Bori (8955.55 quintals) of paddy were found less as against the paddy available online of Rs. 2,77,62,205) two Crore, Seventy Seven lakh, Sixty two thousands, Two hundred, five Rupees) which is clear violation of 7(2) and 9(16) of Paddy Purchase police of the year 2024-25. On the basis of report submitted by the joint investigation team FIR was registered against the present applicant and co-accused. Hence, this anticipatory bail application.
4.
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He would further submit that the applicant is working as computer operator and his work is for online entry of paddy as per direction of the manager/incharge and issuing token to the former. He would submit that all the embezzlement done by the Co-accused Tiharuram Jaiswal and he has accepted the same in his statement before the Additional Commissioner Co-operative Raigarh. He would submit that the recovery order issued only from the co - accused Tiharuram Jaiswal by the Sub Registrar Co-operative Society Raigarh vide order dated 17.03.2025. He would submit that the applicant is permanent resident Village Sukhada, Thana Dabhara, District- Sakti and having movable and immovable property over there and there is no likelihood of his absconding or
3 tampering the prosecution witnesses, therefore he prays to enlarge the applicant on anticipatory bail.
5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts and circumstances of the case, nature and gravity of offence, also considering the fact that the applicant is a computer operator and he is assigned the work of online entry of paddy and in physical verification done by joint investigation team it was found that 22389 Bori (8955.55 quintals) of paddy were found less as against the paddy available online of Rs. 2,77,62,205/- (Two Crore, Seventy Seven lakh, Sixty two thousand & Two hundred five rupees) and investigation is still going on, I am not inclined to grant anticipatory bail to the applicant.
8. Accordingly, the anticipatory bail application of the applicant - Suraj Kumar Jaisawal, involved in Crime No.169/2025, registered at Police Station Kharsia, District Raigarh (C.G.) for alleged commission of offence punishable under Sections 316 (4), 3(5) of BNS is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha)
Chief Justice gouri