1 2025:CGHC:22190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 721 of 2025 Durgesh Sahu S/o Suresh Sahu Aged About 27 Years R/o Village Reda, Police Station And Tahsil Sarangarh, District Sarangarh-Bilaigarh (C.G.) (Prescription Mentioned As Per Application Filed By The Applicant) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate. For Non- applicant/State : Mr. Sangarsh Pandey, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This is the first anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, who has been arrested in connection with Crime No. 108/2025 registered at Police Station Sarangarh, District - Sarangarh, Bilaspur (C.G.), for the offences punishable under Sections 318(4) and 316(5) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2 2. The prosecution's story, in brief, is that on 06.03.2025, during the inspection by the enquiry team, they have found less quantity of 1328.15 quintal of paddy, 1274 numbers of old Bardana and 437 numbers of new Bardanain Dhan Uparjan Kendra Hardi. The inspection team has also found stone in the said paddy, therefore, crime was registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. The applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. AS the applicant was receiving threats from Samiti Manager Shri Shankar Sahu, who attempted to conceal his own mis-conduct, latter the applicant came to know about the FIR lodged against him. It is submitted that said manager was previously posted at Chhindh Paddy Procurement Center and he was found guilty in department enquiries, thereafter the officers have passed the recovery order from the Shankar Sahu. In connivance with inspection officials at Sarangarh, the Samiti Manager Shri Shankar Sahu prepared and submitted a false investigation reprot, leading to registration of an FIR against innocent applicant without any proper investigatio. He submits that the applicant has no criminal antecedents. He further submits that other two co-accused person, namely, Madan Sahu and Udit Narayan Sahu, vide order dated 29.04.2025 in MCRCA No. 538 of 2025, have already been granted bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on bail. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant. He submitted that there is a shortage of paddy amounting to Rs. 42,91,746/-. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the two co-accused person, namely, Madan Sahu and Udit Narayan Sahu, vide order dated 29.04.2025 in MCRCA No. 538 of 2025, have already been granted bail by this Court. Also considering the fact that the applicant is posted as Phad Incharge in Seva Sahkari Samiti, and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail . 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Durgesh Sahu, on him executing a personal bond and one surety in the like sum to the satisfaction of the arresting officer, he shall be released on bail on the following conditions:- (i) 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. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) The applicant shall appear before the trial court on each and every date given to them by the said 4 court till disposal of the trial. (iv) 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. (v) The applicant shall not involve themselves in any offence of similar nature in future. - sd/- (Ramesh Sinha) Chief Justice alfiza