1 2025:CGHC:35233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1077 of 2025 Makhanlal Banjare S/o Dhanaram Banjare Aged About 59 Years Posted As Chief Warehouse Incharge Forest Produce Coopeartive Union District Rajnandgaon R/o 29/821, Forest Colony Raja Talab District Raipur (C.G.) (Presently Posted As Deputy Forest Ranger Special Duty Officer Kanker Circle District Kanker (C.G.) (Wrongly Mentioned As Durg Circle Office Durg District Durg (C.G.). ... Applicant versus State Of Chhattisgarh Through Police Station Rajnandgaon Kotwali District Rajnandgaon (C.G.). ... Non-applicant For Applicant : Ms. Shivangi Agrawal, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 305/2025 registered at Police Station – Rajnandgaon Kotwali District – Rajnandgaon (C.G.) for the offences punishable under Sections 316(2), 316(5) & 61(2) of BNSS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.24 14:16:00 +0530 2 2. As per the prosecution, the incident occurred between 26.05.2022 and 27.03.2025. The FIR was lodged on 19.06.2025 by Smt. Pramila, Head Godown Incharge, Jureshia, Rajnandgaon, alleging that tendu leaves of Lot No. 64(B) from Samiti Bhairamgarh, Forest Division Bijapur, stored in 2022 at Gurukripa Godown, Rajnandgaon, were tampered with. The original buyer, Sudhir Kumar Manke, had his agreement cancelled for non-payment. Subsequently, a complaint by Rajesh Chothwani, publisher of Neelganga News, alleged that good quality tendu leaves had been replaced with inferior quality in the godown. Following this, an inspection team led by Deputy Forest Division Officer Shivendra Kumar Sahu found 96 out of 174 randomly checked sacs to be of inferior quality. Further inspections from 21.03.2025 to 27.03.2025 at Gurukripa Godown and State Minor Forest Produce Godown, Chirchari, revealed a shortage of 2,669 sacs (equivalent to 1,278.872 standard sacs) out of 7,348 sacs stored, resulting in a revenue loss to the State estimated at Rs. 93,34,48,700. On this basis, the offence was registered. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant was appointed as chief warehouse officer on deputation basis by virtue of order dated 11.01.2018, Ultimately, the petitioner was given charge on 26.03.2018 and remained on the post till 07.08.2023 and after the storage of tendu leaves of lot No. 64(B) Bairamgarh, forest Division – Bijapur, one physical inspection was conducted on 30.06.2022 by buyer Sudhir Manek in which it was found that some sacs of tendu leaves have deteriorated due to rain copy of panchanama dated 30.06.2022 is Annexure A/3. He further 3 submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 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, the nature and gravity of the offence, looking to the fact that in this case co-accused person has already been granted anticipatory bail by this Court in MCRCA No.1045 of 2025 vide order dated 17.07.2025. therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Makhanlal Banjare, on executing a personal bond and 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. 4 (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured 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 vaibhav