1 2025:CGHC:19383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 538 of 2025 1 - Madan Sahu S/o Santram Sahu Aged About 44 Years R/o Village Reda, Police Station And Tahsil Sarangarh, District Sarangarh-Bilaigarh (C.G.) 2 - Udit Narayan Sahu S/o Laxminarayan Sahu Aged About 30 Years R/o Village Reda, Police Station And Tahsil Sarangarh, District Sarangarh- Bilaigarh (C.G.) (Prescription Mentioned As Per Application Filed By The Applicants) ... Applicants versus State Of Chhattisgarh Through The District Magistrate/ Collector, District Sarangarh- Bilaigarh (C.G. ) ... Respondent For Applicants : Shri Raghvendra Pradhan, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/04/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.30 17:38:47 +0530 2 applicants, who are apprehending their arrest in connection with Crime No.108/2025 registered at Police Station – Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 318 (4), 316 (5) and 3(5) of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that on 06-03-2025, during the inspection of the enquiry team, they have found less quantity of 1328.15 quintal of paddy, 1274 numbers of old Bardana and 437 number of new Bardanain Dhan Uparjan Kendra Hardi. The inspection team has also found stone in the said paddy, therefore the crime has been registered against the present applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He would submit that the applicants have neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. He would submit that the evidence collected by the prosecution are also not prima facie sufÏcient to hold the applicants guilty of the aforesaid offences. He would submit that the applicant No.1 is posted as a Gunny Bag In-charge and the applicant No.2 Udit Narayan Sahu is posted as Computer Operator in Seva Sahkari Samiti and if any kind of deficiency is found in paddy and gunny bags in the Paddy Procurement Centre, then for that the applicants cannot be held responsible for the same irregularities. He would submit that in accordance with the prevailing government rules, paddy procurement has been conducted by Seva Sahakari Samiti Hardi, with Registration No. 3 1566 and Shri Durgesh Sahu was posted as Phad Incharge-cum- Clerk, and Shri Shankar Sahu was posted as the Samiti Manager. The overall supervision of paddy procurement and other important operations in the said society lies with the Manager. Further, as per the order of the Collector, District Sarangarh-Bilaigarh (C.G.), District Level Nodal Officers were appointed for physical verification of procurement centers. He would submit that the applicants are receiving threats from Samiti Manager Shri Shankar Sahu, who attempted to conceal his own misconduct, latter the applicants came to know about the First Information Report (FIR) lodged against them. It is submitted that said manager was previously posted at Chhindh Paddy Procurement Center and he was found guilty in departmental inquiries, thereafter the officers have passed the recovery order of sum of 1884666.75 from the Shankar Sahu. He would submit that in connivance with inspection officials at Sarangarh, the Samiti Manager Shri Shankar Sahu prepared submitted a false investigation report, leading to registration of an FIR against innocent applicants without any proper investigation. Therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that there is shortage of paddy amounting to Rs.42,91,746/-. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of allegation against the present applicants, applicant No.1 is posted as a Gunny Bag In- charge and the applicant No.2 is posted as Computer Operator in Seva Sahkari Samiti and considering the materials available on record, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 Madan Sahu and applicant No.2 Udit Narayan Sahu, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. 5 (d) The applicants 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri