1 2025:CGHC:32275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1010 of 2025 Ishwar Sahu S/o Nehru Lal Sahu Aged About 47 Years R/o House No. 296/1, Ward No. 01, Village- Tumdibod, P.S.- Tumdibod, Dist. - Rajnandgaon, C.G. ... Applicant(s) versus State Of Chhattisgarh Through D. M. Rajnandgaon, Through P.S. Kotwali District - Rajnandgaon, C.G. ... Respondent(s) For Applicant(s) : Mr. Sumit Singh, Advocate. For Respondent(s) : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.07.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.305/2025 registered at Police Station Kotwali District - Rajnandgaon (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 461(2), 316(2), 316(5) of Bharatiya Nyaya Samhita (for short ‘BNS’). 2. Prosecution case in brief is that the case involves a report filed by Pramila Jureshia (Deputy Forest Ranger) alleging that tendu leaves of Lot No. 64, Forest Division Bijapur, and Bhairaamgarh were stored in Gurukripa Godown, GE Road, Rajnandgaon, by buyer Sudhir Manek, from May 26, 2022, to June 29, 2022. After storage, the godown was locked with two keys - one with the buyer Sudhir Manek and the other with the Chief Warehouse Incharge. However, the purchase agreement was cancelled due to non-payment of the purchase amount by Sudhir Manek within the stipulated time. Upon cancellation, the keys were returned to the Chief Warehouse Incharge. On April 24, 2023, a complaint was made by Rajesh Chowthwani, alleging that good quality tendu leaves from the year 2022 had been removed and replaced with old, poor-quality leaves. The case diary includes an investigation report from the Assistant Forest Conservator, which reveals that the accused, along with others, committed a criminal act causing loss to the government. According to the investigation report, a shortage of 2669 sacks worth Rs. 93,34,487 was found. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicate in the case. He further submits that there is no direct or indirect involvement of applicant 3 was found in the case as the applicant was only posted as a daily wage earner in the post of Watchman and he was not aware about the goods stored in the warehouse. He also submits that the applicant is the only supporter of his family and was only posted as Watchman, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant in collusion with other co-accused persons are alleged to have replaced the original tendu leaves with old, poor-quality leaves causing loss to the government, the investigation further revealed that shortage of 2669 sacks worth Rs. 93,34,487 was found, therefore, he is not entitled for grant of 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, nature of dispute and material available in case diary, and the fact that though prima facie it appears that the applicant in collusion with other co-accused persons are alleged to have replaced the original tendu leaves with old, poor-quality leaves causing loss to the government, the investigation further revealed that shortage of 2669 sacks worth Rs. 93,34,487 was found, but at the relevant time, the applicant was merely posted as a watchman at the warehouse and had no 4 knowledge or awareness regarding the goods stored therein, the applicant had no role in the storage, management, or handling of the tendu leaves and was only responsible for maintaining security at the premises, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ishwar Sahu, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil