Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36914
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1104 of 2025 1 - Sanjay Kumar Sahu S/o Late Teej Ram Sahu Aged About 35 Years R/o Ward No.-2, Bajrang Chowk, Vill. - Pachri, District Sarangarh-Bilaigarh, (C.G.) 2 - Devnarayan Chandra S/o Radheshyam Chandra Aged About 42 Years R/o Vill. - Salaunikala Bhatgaon, District Sarangarh-Bilaigarh (C.G.) ... Applicants
versus State Of Chhattisgarh Through - Station House Officer, Police Station - Bhatgaon, District Sarangarh-Bilaigarh (C.G.) ... Non-applicant
For Applicants : Mr. Anchal Matre, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 29.07.2025
1. The applicant has preferred the third anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.24/2025, registered at Police Station – Bhatgaon, District – VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:26:05 +0530
2 Sarangarh - Bilaigarh(C.G.) for the alleged commission of offence punishable under Sections 316(5) & 318(4) of BNS 2023.
2. As per the prosecution's case, on 24.01.2025, an inspection was conducted by Sub-Divisional Officer Versha Bansal at the Paddy Procurement Centre, Salaunikala. The inspection revealed a shortage of 1,894 quintals prosecution alleges misappropriation by the applicants and other three accused, applicants were previously in charge of the procurement center, along with other accused persons. Based on this, an FIR was registered against the applicants and others.
3.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that Earlier, the applicant No. 1 was given the charge of Samiti Manager of Paddy Procurement Samiti, Salaunikala. However, vide
order dated November 22, 2024, the Prescribed Authority, Prathmik Krishi Sakh Samiti Maryadit, Salaunikala, relieved Applicant No. 1 from the charge of Samiti Manager and directed that the charge be handed over to Bharat Kumar Chandrakar. He also submits that pursuant to the above order, applicant No. 1 handed over the charge of Samiti Manager to Bharat Kumar Chandrakar. Previously,Applicant No. 2 worked as Fad Incharge in Salaunikula Samiti and was not involved in the purchase and delivery of paddy. The applicants have never misappropriated the society's paddy and are not responsible for the shortage of paddy in Salounikala Samiti An inspection was conducted at the Paddy Procurement Centre. Salaunikala, on January 24, 2025. At that time, the applicants were not holding the charge of
3 Samiti Manager and Fad incharge. The shortage of paddy could have been due to dryness and waste caused by storing it in the open. He further submits that according to government norms and guidelines, paddy should have been lifted within 24 hours for custom milling. However, despite these guidelines, the paddy purchased by Salaunikala Samiti was not lifted on time, resulting in the paddy being stored in an open area, leading to the shortage. The applicants are not responsible for the criminal charges related to this incident. Therefore, he prays for grant of second 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 the present applicants are involved in a misappropriation 1,894 quintals of paddy, 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 this is the second anticipatory bail application of the applicants and the earlier anticipatory bail application of the applicants have been rejected by this Court in MCRC No.771 of 2025 vide order dated 05.03.2025 & MCRCA No. 313 of 2025 vide order dated 12.06.2025 on merits and there is no new ground raised in this third anticipatory bail application, as such, I am not inclined to grant third anticipatory bail to the present applicants.
7. Accordingly, the anticipatory bail application of the applicants Sanjay Kumar Sahu and Devnarayan Chandra, involved in Crime No
4 24/2025, registered at Police Station Bhatgaon, District -Sarangarh Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 316(5) & 318(4) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav