1 2025:CGHC:23556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 807 of 2025 Dileshwar Patel S/o Shri Neelambaar Patel Aged About 32 Years R/o Village Damdarha, Police Chowki Kankbeera, Police Station Sarangarh, District Sarangarh Bilaigarh (Chhattisgarh) --- Applicant versus The State of Chhattisgarh Through The Station House Officr, Police Chowki Kankbeera, Police Station Sarangarh District Sarangarh Bilaigarh (Chhattisgarh) --- Non-applicant along with MCRCA No. 810 of 2025 Dilesh Vishwakarma S/o Shri Radhe Vishwakarma, Aged About 37 Years R/o Village - Damdarha, Police Chowki - Kankbeera, Police Station - Sarangarh, District - Sarangarh - Bilaigarh (C.G.) --- Applicant Versus The State Of Chhattisgarh Through - The Station House Officer, Police Chokwi-Kankbeera, Police Station - Sarangarh, District - Sarangarh - Bilaigarh (C.G.) --- Non-applicant For Applicants : Mr. Roop Ram Naik, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Deputy G.A. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 12.06.2025 1. The applicants have preferred these applications under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of First Anticipatory Bail, apprehending their arrest in connection with Crime No. 151/2025, registered at Police Chokwi- Kankbeera, Police Station - Sarangarh, District - Sarangarh-Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 316(5), 318(4) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story, in brief, is that on 07.04.2025, the police registered an FIR against both the applicants and other co-accused persons on the basis of a complaint dated 06.04.2025 filed by the Branch Manager of Apex Bank, Sarangarh Branch, alleging that the accused persons committed misappropriation of paddy (5071.60 quintals) worth Rs. 1,57,21,960/- from the earmarked paddy procurement center at Boharabahal, Tahsil Sarangarh, District Sarangarh-Bilaigarh, during the period from 29.11.2024 to 11.03.2025. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that as per FIR, no specific allegation has been mentioned against both the applicants who is in-charge of Bardana, despite the police has made as accused in the present crime. He further submits that as per the paddy earring policy of year 2024-25 dated 18.10.2024 and amended policy dated 12.11.2024 para 15.8 and 15.9 is 3 specifically provides that if the paddy is not transported from erring center after one month from last date of purchase then the weight loss of paddy may be granted by State Government due to climate change and other losses. Copy of the paddy policy and amended policy are being annexed herewith as Annexure-A-3. He also submits that if the less paddy is founded in the paddy erring center then applicants are not responsible for shortage of paddy. Further both the applicants have no any previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicants and submits that both the applicants are involved in misappropriation of paddy (5071.60 quintals) worth Rs. 1,57,21,960/- from the earmarked paddy procurement center at Boharabahal, Tahsil Sarangarh, District Sarangarh-Bilaigarh, during the period from 29.11.2024 to 11.03.2025, therefore, they are not entitled for grant of anticipatory bail. 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 and material available in case diary, and the fact that both the applicants are involved in misappropriation of paddy (5071.60 quintals) worth Rs. 1,57,21,960/- from the earmarked paddy procurement center at Boharabahal, Tahsil Sarangarh, District Sarangarh-Bilaigarh, during the period from 29.11.2024 to 11.03.2025, as such, I am not 4 inclined to grant anticipatory bail to applicants. Accordingly, the anticipatory bail application of the applicants - Dileshwar Patel and Dilesh Vishwakarma, involved in Crime No. 151/2025, registered at Police Chokwi- Kankbeera, Police Station - Sarangarh, District - Sarangarh-Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 316(5), 318(4) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan