1 2025:CGHC:34939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5716 of 2025 • Niladri Patnaik S/o Jagdish Patnaik, Aged About 53 Years Occupation Then Societies Manager/ Agriculture R/o Village Tamnar, Police Station And Tahsil Tamnar, District Raigarh Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Tamnar, District Raigarh Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajeev Kumar Dubey, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. This is First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.16/2025 registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under Sections 316(4), 3(5) of BNS, 2023. 2. As per prosecution story in brief is that the on 22.01.2025, FIR was registered at police Station Tamnar by Assistant Sub- Inspector Narsingh Nath Yadav, stating that a written application VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.24 10:39:18 +0530 2 was submitted by the Branch Manager of Chhattisgarh State Cooperative Bank Maryadit (Apex Bank), Branch - Tamnar, Vimal Singh. In the said application, it was mentioned that an investigation was conducted on 15.01.2025 by a team constituted by the office of the Sub-Divisional Officer (Revenue) and the investigation team submitted its report dated 16.01.2025 to the office of the Collector (Food Department), in which a shortage of approximately 2611.60 found at the quintals (6529 bags) of paddy was Procurement Center Tamnar. It was alleged that the Manager of the Procurement Center Niladri Patnaik, Computer Operator Madhubala Patnaik, Procurement In-charge Bharatlal Rathia and Gunny Bag In-charge Shiv Shankar Xalxo were involved in irregularities and embezzlement. On the basis of the said written complaint, Crime No. 16/2025 was registered at Police Station Tamnar against the accused persons under Sections 316(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023, and after investigation, charge-sheet was filed against the accused persons Shivshankar Xalxo, Bharat Lal Rathia, Madhubala Patnaik and Niladri Patnaik. Presently, the case is pending before the learned Judicial Magistrate First Class, Gharghoda, District Case No. 339/2025 for trial. Raigarh (C.G.) as Criminal Case No.339 of 2025. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. It is submitted by learned counsel for the applicant is that the charges leveled against him just in order to harass him, the applicant neither committed nor participated in any such act. He also submits that the co-accused namely Madhubala Patnaik, Shiv Shankar Xalxo and Bharat Lal Rathai have already granted anticipatory bail by this Court in 3 MCRCA No.226 of 2025 vide order dated 13.02.2025, MCRCA No. 380 of 2025 vide order dated 19.03.2025 and MCRCA No.442 of 2025 vide order dated 01.04.2025 respectively and applicant is in jail since 24.06.2025 and 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 submits that present applicant along with other co-accused persons are embezzled the paddy 2,611.60 quintal (6,529 bags) from the paddy Procurement Centre, Tamnar, amounting to Rs.80,95,960/- Thus, the bail application deserves to be rejected. 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, the co-accused namely Madhubala Patnaik, Shiv Shankar Xalxo and Bharat Lal Rathai have already granted anticipatory bail by this Court in MCRCA No.226 of 2025 vide order dated 13.02.2025, MCRCA No. 380 of 2025 vide order dated 19.03.2025 and MCRCA No.442 of 2025 vide order dated 01.04.2025 respectively therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, this bail application of applicant – Niladri Patnaik, involved in Crime No.16/2025 registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under 4 Sections 316(4), 3(5) of BNS, 2023. be released on bail on their furnishing a personal bond with two 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 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. 5 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali