1 2025:CGHC:18580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 575 of 2025 1 - Rahul Kumar Tandon S/o Vishram Tandon Aged About 24 Years R/o Village- Mudwabhantha, Koshir, Thana Koshir, District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station - Koshir, District- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Vivek Verma, Advocate For State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24/04/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 94/2025 registered at Police Station – Koshir, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 318(4), 316(5) and 3(5) of BNS. 2. The prosecution story, in brief, is that the applicant was appointed as a Prabhari Prabandhak in the co-operative society Kosir vide order dated 10.12.2024 issued by the Deputy VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.26 11:18:50 +0530 2 registrar, co-operative society, Kosir and subsequently the applicant was appointed as a computer operator by way of the resolution pass by the co-operative society Kosir on 25.12.2024. Copy of the order dated 10.12.2024 and resolution dated 25.12.2024 issued by Deputy Registrar. That the FIR lodge by the co-operative inspector in the direction issued by the collector, the committee constituted for the inquiry in co- operative society, Kosir. that the during the inspection on 09.03.2025 find out that shortage of the 3043.22 qn. Paddy in purchase center Kosir amount Rs. 94, 33,982/-, that the in Kosir total paddy purchase in quantity 82086.80 qn. and quantity of the paddy to issue miller 75845.18 qn. the balance quantity 6241.62 qn but due to physical verification only 3198.0 qn. in purchase center Kosir. The shortage of the paddy 3043.22 qn. that thereafter the FIR lodge on 22.03.2025 Thana Kosir against the Dilaram Tandon, fad Prabhari, Sukhram Anant, Prescribed authority, Shyam Kumar Jhandge, Paddy Purchase Prabhari and Rahul Tandon, Computer Operator. As per the register record of the fad Prabhari day to day paddy purchase by the Dilaram Tandon and mention the date of the receiving, name of the farmer, with the farmer code along with the quantity. The applicant is a computer operator and after receiving record from fad prabhari mentioning computerized and that said record approved by the Fad Prabhari Dilaram Tandon. That the State government of Chhattisgarh vide circular dated 18.10.2024 issued direction and framed a policy 3 for purchasing of the policy year 2024-25 per as the clause 4.1 the whole responsibility of purchasing of Chhattisgarh State Cooperative Marketing Federation Limited and as per the clause 7 in respect of the purchasing of paddy and all the system is updated by software of the MARKFED as well as clause 8.5 in respect of the OTP in the mobile number of the farmer. Copy of the circular/policy dated 18.10.2024. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant is a computer operator and there is no role on purchasing of paddy. He also submits that the wife of the applicant is pregnant and running about 8 months and due to medical problems during pregnancy, the kidney has not been developed of her child and the treatment is continue going on. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is having no previous criminal antecedent but looking to the aforesaid offence, he is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the 4 perusal of the case it transpires that applicant is a computer operator and there is no role on purchasing of paddy and the wife of the applicant is pregnant and running about 8 months and due to medical problems during pregnancy, the kidney has not been developed of her child and the treatment is continue going on. at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rahul Kumar Tandon on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 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 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)The Applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali