Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:22187
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 729 of 2025 Deepak Kumar Sahu S/o Shri Ferharam Sahu Aged About 37 Years Occupation - Data Entry Operator, Prathmik Krishi Sakh Sahakari Samiti Maryadit Jara, Registration No.-224, R/o Village - Girra, Post - Sasha, Thana And Tahsil - Palari, District Balodabazar-Bhatapara (C.G.)
... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Palari, District Balodabazar-Bhatapara (C.G.)
... non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Ashish Shukla, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 20.05.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 140/2025, registered at Police Station – Palari, District – Balodabazar, Bhatapara (C.G.) for the alleged commission of offence punishable under Sections 316(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
2
2. The story in brief is such that a written report was made by the Branch Manager Jila Sahakari Bank Maryadit Raipur Branch Kodwa on 27.04.2025 on the instructions of the Commissioner Co-operative Mahasamund i.e. Deputy Registrar Co-operative Society Balodabazar and Collector Balodabazar with the averment that on the basis of the physical verification report of the Prathmik Krishi Sakh Sahakari Samiti Maryadit Jara, Registration No. 224 it is found that from 14.11.2024 to 31.01.2025 total paddy purchased is 54905.60 quintal and transported to the millers and godown 54536.82 quintal and caused the loss of 368.78 quintal, therefore, enquiry team has been constituted and the said paddy was not found in the procurement center therefore, FIR was lodged against the Fad Prabhari, society prabhari and computer operator/data entry operator for causing the loss of paddy amounting to Rs. 8,48,194/-. Hence this application.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no previous criminal antecedent. The applicant has not committed any fraud or forgery or misappropriation of the Government fund in the paddy procurement center he has been implicated only on the ground that the applicant was the Data Entry Operator of the society in the year 2024-2025 and if the material available in the record is accepted the applicant is not responsible for any of the loss committed to the Govt. and any of the shortage of the Paddy as he has made the entry in the computer on the basis of the date supplied to him by the procurement center in-charge. He
3 has no concern with the receiving or lifting of the paddy, even the applicant has never visited the spot where the paddy purchasing and lifting is done rather he has performed his duty sitting in the office of the society on the basis of the date provided to him. Therefore, he prays for grant of anticipatory bail to the applicant.
4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant is involved in the case, therefore, he is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the nature and gravity of the offence and material on record in the case diary, and the fact that the present applicant being the Data Entry Operator of the society for the year 2024-2025 is also equally responsible for shortage of paddy of 368.78 quintal amounting to Rs. 8,48,194/- and also that the inquiry report shows that the present applicant is clearly involved in the case, therefore, I am not inclined to grant bail to the applicant.
7. Accordingly, the bail application of the applicant – Deepak Kumar Sahu, involved in Crime No. 140/2025, registered at Police Station – Palari, District – Balodabazar- Bhatapara (C.G.) for the alleged commission of offence punishable under Sections 316(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, stands rejected. sd/- Alfiza (Ramesh Sinha) Chief Justice