1 2025:CGHC:47804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6449 of 2025 Devnath Bhardwaj S/o Late Somaru Ram Bhardwaj Aged About 50 Years Working As Forest Ranger Cum Poshak Adhikari Primary Minor Forest Produce Cooperative Society Bodkel, R/o Patelpara, Gumiyapal Tahkapal, Tahsil Lohandiguda, District - Bastar, (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station EOW/ ACB, Raipur District - Raipur (C.G.) ... Respondent For Applicant : Shri Manish Nigam, Advocate. For Respondent/State : Dr. Saurabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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.26/2025 registered at Police Station E.O.W./A.C.B. Raipur, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.18 18:40:35 +0530 2 Raipur, C.G. for the offence punishable under Sections 409,467,468,471 & 120B of IPC read with Section 13(1)(a) & 13 (2) of the Prevention of Corruption Act, 1988 (as per Final Report). 2. Case of the prosecution, in brief, is that one Abdul Seikh Karim (news reporter), made a complaint alleging that the amount of Rupees Six Crores Fifty Lakhs meant for Tendu Patta Bonus has been illegally withdrawn by the Divisional Forest Officer, Sukma, Ashok Patel in connivance with the Forest Officers and Managers of Primary Minor Forest Produce Committee. The complaint was registered at Complaint no.56/2025.The said complaint was secretly verified and it was found that the Office of Chief Conservator of Forest cum Ex-Officio Chief General Manager had addressed a letter dated 24/8/2023 to Collector, Sukma seeking permission for payment of Tendu Patta Bonus for season 2021 and 2022 in cash to the beneficiaries. As per the letter, it was proposed that the bonus was required to be paid in cash for season 2021 to 15 societies and for season 2022 to 10 primary minor forest produce societies. As per the abovementioned letter, for the season 2021, total 21,225 beneficiaries did not had their bank account and they were to be paid a sum of Rs.3,16,12,011 (Three Crores Sixteen Lakhs Twelve Thousand and Eleven Rupees). Likewise, for season 2022, total 13,179 beneficiaries, who did not have the bank account were to be paid a sum of Rs.2,58,59,975 (Two Crore Fifty Eight Lakhs Fifty Nine Thousand Nine Hundred Seventy Five Rupees). Thus, payment of total sum of Rs.5,74,71,986 ( Five Crores Seventy Four Lakhs Seventy One Thousand Nine Hundred and Eighty Six Rupees) was proposed. A sum of Rs. 2 Crores, which is stated to be deposited in the bank account is also not clear. Thus, an 3 embezzlement of Rs. Seven Crores said to be paid to the beneficiaries is required to be investigated. It was verified that from 19/6/2024 to 9/1/2025 the officers have irregularly spent money meant for payment of bonus. It was verified that the Shri Ashok Kumar Patel, DFO Sukma along with the Managers of Primary Minor Forest Produce Cooperative Societies have withdrawn the cash amount and have not distributed the bonus to the beneficiaries thus have committed misappropriation of the amount. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case, the applicant was not named in the FIR, the prosecution has not collected any material evidence to implicate the present applicant with the said crime. He would submit that the allegation against the present applicant is that while working as Forest Ranger cum Poshak Adhikari, Primary Minor Forest Produce Cooperative Society, Bodkel in connivance with Shri Ashok Kumar Patel, the then MD and Society Manager Sunil Nuppo has conspired to withdraw a sum of Rs. 10,25,676-/-, which is which is absolutely baseless and without any material on record. No seizure has been made from the present applicant in order to show his involvement in the case. He would submit that there is inordinate and unexplained delay of about one year in lodging the FIR. He would submit that the applicant is a government servant and is working as a Deputy Ranger in the Forest Department. He would submit that the applicant has no criminal antecedents, charge sheet has been filed in this case, he is in jail since 25/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. He would submit that the incentive remuneration amount received for tendu leaf season 2021 and season 2022 under District Minor Forest Produce Cooperative Union Limited Sukma in Sukma Forest Division, which is around 3 crore 62 lakhs, has been distributed among various forest officers and others by withdrawing the cash of April and in this regard, complaint number 56/2025 was registered on the complaint sent by Abdul Sheikh Karim. He would submit that applicant/accused Devnath Bhardwaj, Forest Officer posted in Sukma district, was additionally posted as Nutrition Officer in Primary Minor Forest Produce Cooperative Society Bodkel. In his committee, Rs 10,25,676/- (Rupees Ten Lakhs Twenty Five Thousand Six Hundred and Seventy Six only-) was received for distribution of incentive remuneration to about 2514 collectors in 25 phadas in the tendu leaf season year 2021.He would submit that cash was withdrawn by accused Sunil Kumar Nuppo and applicant Devnath Bhardwaj, and a commission of Rs.5,00,000/- was demanded and paid to Ashok Kumar Patel and the bonus amount meant for tendu leaf collectors was not distributed, and instead, applicant Devnath Bhardwaj took Rs.50,000/- for personal use and the investigation found evidence of a criminal conspiracy among the accused to cause damage/loss to the government and the collectors have confirmed that they did not receive the bonus amount. He would submit that applicant's involvement in the offence is established through evidence and witness statements, and the charge sheet has been filed against 14 accused persons, including the applicant, therefore applicant is not entitled to be released on bail. 5 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the period of detention of the applicant since 25/06/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Devnath Bhardwaj, involved in Crime No.26/2025 registered at Police Station E.O.W./A.C.B. Raipur, District Raipur, C.G. for the offence punishable under Sections 409,467,468,471 & 120B of IPC read with Section 13(1)(a) & 13 (2) of the Prevention of Corruption Act, 1988, 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 6 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. 8. 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 gouri