1 2025:CGHC:37748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5977 of 2025 Tiharu Ram Jayaswal S/o Durgaprasad Jayaswal Aged About 53 Years Occupation - Manager Of Adim Jati Seva Sahakari Samiti Turekela Paddy Procurement Centre, R/o Village- Lodhiya, Police Station- Kharsia, And District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. Of The Police Station- Kharsia, And District- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Abhishek Saraf, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 169/2025 registered at Police Station Kharsia, And District- Raigarh (C.G.) for the offence punishable under Section 316(4), 3(4) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that Rajiv Dubey, son of late Ramnarayan Dubey, aged 53 years, Branch Manager of Chhattisgarh Rajya Sahakari Bank Maryadit (Apex Bank), Kharsia Branch, lodged a written report. The report states that under the Kharif Marketing Year 2024-2025, the scheme for purchasing paddy at the support price was being implemented. A joint inspection team, constituted by the office of the Collector, Food Branch, Raigarh, vide letter No. 207 dated February 10, 2025, conducted a physical verification on February 13, 2025, at the Paddy Procurement Centre, Tiur, operated by the Adim Jati Seva Sahakari Samiti Maryadit, Turekela. The team consisted of the Cooperative Extension Officer, Kharsia, Food Inspector, Kharsia, In- charge of Paddy Procurement Centre, Kharsia, and the Supervisor of Apex Bank, Kharsia. The investigation report revealed that during the physical verification, 22,389 bags (8,955.55 quintals) of paddy were found to be short against the online availability, resulting in a financial loss of Rs.2,77,62,205/- (Two Crore Seventy-Seven Lakh Sixty-Two Thousand Two Hundred Five) to the government and the society. 3. Additionally, 9,867 new gunny bags and 6,376 old gunny bags were found in excess, indicating bogus/fictitious paddy purchases. This act was a clear violation of clauses 7(2) and 9(16) of the Paddy Procurement Policy for the year 2024-2025. The report concluded that the Assistant Committee Manager and Operator of the Paddy Procurement Centre, Tiur, had deliberately created a situation of mismanagement at the centre, disregarding the instructions of 3 higher authorities, resulting in financial losses to the Chhattisgarh government and the society. Therefore, the Assistant Committee Manager and Fodder In-charge, Tiharuram Jaiswal, and Computer Operator, Suraj Jaiswal, were held responsible and liable. Based on the Branch Manager's report, a First Information Report (FIR) was registered at Police Station Kharsia, District Raigarh, Chhattisgarh, under Crime No. 169/2025, Sections 316(4) and 3(5) of the Bharatiya Nyaya Sanhita (BNS). The site map was prepared, and witness statements were recorded. Accused Tiharuram Jaiswal was arrested, and his arrest was intimated to his family members. Since co-accused Suraj Jaiswal was absconding, proceedings were initiated against him, and a final report/charge-sheet was filed in the court. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the reason given for the reduction in the weight of paddy was not verified or investigated further, and the investigation team's report was accepted without scrutiny. Furthermore, the police report was lodged on March 24, 2025, just 7 days after the final order dated March 17, 2025, was passed by the Sub-Registrar, which raises questions about the necessity and timing of the police report, especially when the order itself provided for recovery of the amount. He also submits that the shortage of paddy can be attributed to various factors such as damage caused by termites, rodents, and other pests, as well as possibilities of theft, natural disasters, and animal interference. 4 Given these plausible explanations for the shortage, the applicant requests to be granted bail. The applicant is in jail since 25.03.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is allegedly misappropriated the quantity of paddy, during the physical verification, 22,389 bags (8,955.55 quintals) of paddy were found to be short against the online availability, resulting in a financial loss of Rs.2,77,62,205/- (Two Crore Seventy-Seven Lakh Sixty-Two Thousand Two Hundred Five) to the government and the society. Moreover 9,867 new gunny bags and 6,376 old gunny bags were found in excess, indicating bogus/fictitious paddy purchases, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 25.03.2025, the fact that though the applicant is allegedly misappropriated the quantity of paddy and during the physical verification, the quantity of paddy were found to be short against the online availability, resulting in a huge financial loss to the government and the society, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, 5 this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. Let the Applicant-Tiharu Ram Jayaswal, involved in Crime No. 169/2025 registered at Police Station Kharsia, And District- Raigarh (C.G.) for the offence punishable under Section 316(4), 3(4) of Bharatiya Nyaya Sanhita, be released on bail on his 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, 6 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. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil