1 2025:CGHC:2803 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 76 of 2025 Khagesh Jangde S/o Purushottam Jangde Aged About 40 Years R/o Village Chanamuda P.S.- Kosir, District- Sarangarh- Bilaigarh, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Kosir, District- Sarangarh- Bilaigarh, C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Priyank Rathi, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.303/2024 registered at Police Station Kosir, District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Section 318(4), 338, 336(3) and 331 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that an FIR was lodged by the Branch Manager of Apex Bank Sarangarh in connection with serious AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 irregularities in the Paddy procurement work at Seva Sahakari Samiti Maryadit Kosir bearing registration No. 1561, paddy procurement center Raksha, the five-member team constituted for the physical verification and while inspection they have found that an extra paddy was taken from the farmers. Paddy has been purchased without receipt of paddy, forged weighing sheet, receipt slips has been prepared and documents have been prepared, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He would further submit when the applicant came to know about the serious irregularities in paddy procurement work at Seva Sahakari Samiti Maryadit Kosir, the present applicant has immediately informed the Branch Manager (C.G.) Rajya Gramin Bank, Sarangarh Branch regarding the alleged irregularities and also asked to stop the payment to farmer Ganpat Jangde and acted in good faith while performing his duty. He also submits that two of the co-accused persons, namely, Ganpat Jangde and Priti Chandra have already been granted anticipatory bail by this Court vide order dated 08.01.2025 and 15.01.2025 in MCRCA No.15 of 2025 and MCRCA No.70 of 2025, respectively, and the case of present applicant is similar to that of the co-accused persons and applicant has one criminal antecedent of the year 2014 under the IPC, in which, he has been acquitted by the trial Court, hence he prays for grant of anticipatory bail to the applicant. 3 4. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons were involved in the present case of serious irregularities in the paddy procurement process at the society’s center in Raksa, including the purchase of excess paddy from farmers procurement without proper documentation, preparation of fake weight slips and arrival receipts, further the applicant has one criminal antecedent, therefore, he 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 & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, also considering the allegation against the applicant that he alongwith other co-accused persons were involved in the case of serious irregularities in the paddy procurement process at the society’s center in Raksa, including the purchase of excess paddy from farmers procurement without proper documentation, preparation of fake weight slips and arrival receipts, but two of the co-accused persons, namely, Ganpat Jangde and Priti Chandra have already been granted anticipatory bail by this Court vide order dated 08.01.2025 and 15.01.2025 in MCRCA No.15 of 2025 and MCRCA No.70 of 2025, respectively, and the case of present applicant is similar to that of the co- 4 accused persons, so far as the criminal antecedent of the applicant is concerned, he has one criminal antecedent of the year 2014 under the IPC, in which, he has been acquitted by the trial Court, as such, without further commenting anything on merits, this Court find it appropriate 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 - Khagesh Jangde, on executing a personal bond with 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. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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. sSd/- (Ramesh Sinha) CHIEF JUSTICE Akhil