1 2025:CGHC:39277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4539 of 2025 Tikaram Patel S/o Shri Visheshwar Patel Aged About 59 Years R/o Village Achanakpali, Thana And Tahsil Saragarh, District Srangarh Bilaigarh Chhattisgarh. ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Sarangarh, Police Outpost Kanakbira, District Sarangarh Bilaigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjay Agrawal & Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 151/2025 registered at Police Station – Sarangarh, Police Outpost- Kanakbira District – Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 316(5), 318(4) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story in short is that, on instructions of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.07 12:11:00 +0530 2 Collector a five member enquiry team has been constituted and a physical verification of the paddy procurement center Bohrabahal has been done and it is found that there is shortage of 50,71.60 Quintal paddy amounting Rs. 1,57,21,960/ and in the Inquiry further it is reveal that the computer operator has made the forge entry of the paddy though the said paddy was not purchase in the procurement center therefore on the basis of preliminary Inquiry the report is lodge by Sanjay Kumar Sahu Branch manager Apex bank Sarangarh applicant is roped in the case because 26.11.2024 a proposal has been passed regarding appointment of Fad Prabhari. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that there is no loss of paddy as per the record as the quantity which was purchase in the society has been transported to the millers as well as the Godown of mark-fed and applicant has made the application to the collector for making the proper inquiry in the matter but thana police without consider the fact there is no loss only on the basis of the written report made by the Nodal Officer arrested the applicant in this case. He further submits that the applicant did not have any past criminal antecedents and he is suffering from old age decease and his physical condition is not good in the jail custody and he is in jail since 10.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, including the fact that the applicant has no criminal antecedents, and further considering that the charge-sheet has already been filed before the competent Court and the applicant has been in judicial custody since 10.05.2025, and that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Tikaram Patel, involved in Crime No. 151/2025 registered at Police Station – Sarangarh, Police Outpost- Kanakbira District – Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 316(5), 318(4) & 3(5) of the Bhartiya Nyaya Sanhita, 2023., be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya 4 Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav