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2025 DAILYLAW 23847 (CHH)

NIRAKAR PATEL v. STATE OF CHHATTISGARH

MCRCA/767/2025 · 2025-05-21

body2025

Judgment text

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1 2025:CGHC:22302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 767 of 2025 Nirakar Patel S/o Punitlal Patel Aged About 65 Years R/o Village Ghathora, Chowki Kanakbira, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Chowki Kanakbeera, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Respondent For Applicant : Mr. Raghvendra Pradhan, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.05.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.151/2025 registered at Police Station – Chowki Kanakbira- Sarangarh, District - Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 316 (5) & 318 (4) read with Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on the instructions of the Collector, a five-member committee inspected the Paddy Purchase Centre at Bohrabahal. They found that entries were made in the names of 85 farmers, showing that 4,633.60 quintals of paddy had been purchased. However, 5,071.60 quintals of paddy worth 1,57,21,960/- were missing from the centre. Out of 2,457 paddy ₹ bags, 1,200 were found to be damaged or unfit for use. 3. Learned counsel for the applicant submits that the applicant has been falsely HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.05.22 18:05:09 +0530 2 implicated in the present case and has neither committed nor participated in any such alleged act. He submits that the committee did not carry out any physical verification, and the report was prepared without proper inspection. A representation in this regard has also been submitted to the Collector. He further submits that there is no shortage of paddy or bags, as alleged by the prosecution. Therefore, he prays that the applicant may be granted anticipatory bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and further the fact that the applicant is involved in misappropriation of government paddy (5071.60 quintals) worth of Rs.1.57 crore, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the bail application of the applicant – Nirakar Patel, involved in Crime No.151/2025 registered at Police Station – Chowki Kanakbira- Sarangarh, District - Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 316 (5) & 318 (4) read with Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) H.Ansari Chief Justice