1 2025:CGHC:2806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 79 of 2025 Narayan Prasad Nag S/o Late Sukhlal Nag Aged About 50 Years R/o Village- Dhaudai Tehsil And District- Narayanpur ( C.G. ) ... Applicant versus State Of Chhattisgarh Through- Police Station- Dhaudai, District- Narayanpur ( C.G.). ... Non-applicant For Applicant : Mr. Shobhit Koshta, Advocate For Non-applicant/State : Ms. S.S. Baghel, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.15/2024 registered at Police Station- Dhaudai District- Narayanpur, (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of IPC. 2. Prosecution case, in brief, is that on 10/12/2024, the complainant has lodged the written report before the concerned Police Station stating therein that the present applicant who was working on the post of Manager, Aadim Jati Seva Sahkari Samiti, Dhaudai during KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the Kharif Season 2023-2024 from 18/1/24 to 22/1/24 by preparing false and fabricated documents regarding transportation of about 360 quintal Paddy of about Rs. 11,60,541/- has been transported through Truck Bearing registration No. CG-08-AQ-9711, however, on physically verification it was found that paddy never reached the place of destination which shows no paddy was physically transported by the applicant and the amount has been misappropriated by the present applicant. In view of the above, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence as reported by the Police Station- Dhaudai, District- Narayanpur, C.G. He further submits that it is pertinent to mention that on 13/1/24, a delivery order was issued by the OfÏce of District Marketing OfÏcer, Narayanpur to Daman Mandeep Road lines for transportation of paddy, after the receipt of the delivery order, the transporter truck entered into the premises of the society and thereafter, after due verification, the paddy about 360 quintal was loaded on the truck and proper documentation was done by the applicant. He further submits that on 25/9/24, a letter was received by the applicant to show cause as to why the paddy about 360 quintals has not reached to destination place. In response to which the applicant on 27/9/24 replied that on 22/1/24, the paddy was loaded on the truck and proper entry and challan was prepared regarding the same was prepared which was also annexed with the reply. Later on after reply of the applicant, the applicant came to know that the truck in which 3 the paddy was being supplied met an accident due to which it was transported through another truck due to which when the paddy was received the entry regarding the society in which the applicant is working was not made which has led to the entire controversy and there was no shortage or misappropriation of paddy by the present applicant. That, is also relevant to mention herein that the applicant wife is suffering from breast cancer due to which the applicant was under stress and he has therefore, when the respondent authorities coerced him to pay the amount in order to close the matter. The applicant in order to resolve the dispute under duress, pressure and circumstances in the family deposited the entire amount to District Marketing Authority vide DD dated 2/12/24, amount Rs 2 Lakhs and another on 9/12/24 of remaining amount of Rs 9,60, 541/-. He later submits that in the present case, there is no document to support the fact that the money has been siphoned off by the applicant by misappropriation of paddy and thus, no offence is made out against the present applicant and also there is no evidence to show that the present applicant has prepared false and fabricated documents in order to commit the offence. Accordingly he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the applicant- Narayan Nag, Manager of Aadim Jati Seva Sahakari Samiti, Dhaudai, had misappropriated 360 quintals of paddy worth Rs. 11,60,541/- between January 18-22, 2024, by issuing online challan to the collection center Chitod, District Dhamtari, without physically giving 4 paddy, embezzlement of 360 quintals of paddy along with sacks and forgery was done by forging the signature of the driver, due to which the government has suffered financial loss of Rs 11,60,541/-. As such, the present applicant is 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 and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and further the fact that there is no document to support the fact that the money has been siphoned off by the applicant by misappropriation of paddy and also there appears to be no evidence to show that the involvement of the present applicant moreover, the applicant has already paid the embezzlement amount and further the fact that the applicant has three criminal antecedents under the IPC of the year 2015 to 2021, which are old and stale, thus, without further consideration on merits, I am inclined 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-Narayan Prasad Nag, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on anticipatory 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. 5 (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 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal