1 2025:CGHC:47801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6978 of 2025 Md. Sharif S/o Md. Mastan Aged About 44 Years Then Posted As Manager, Primary Minor Forest Produce Co-operative Society, Konta, Forest Range- Sukma, R/o Beside Tehsil Office, Ward No. 09, Post And Tehsil Konta, District : Sukma, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge, Economic Offences Wing / A.C.B. Raipur, District : Raipur, Chhattisgarh ... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate with Shri Shivangi Agrawal, Advocate. For Respondent/State : Dr. Saurabh Kumar Pandey, 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 Economic Offences Wing/ GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.18 19:30:01 +0530 2 A.C.B. Raipur, District Raipur (C.G.) for the offence punishable under Sections 409, 467, 468, 471, 120B of Indian Penal Code and Section 13(1)A & 13 (2) of Prevention of Corruption Act. 2. Case of the prosecution, in brief, is that on 08.04.2025 the F.I.R. of the incident was lodged on the instance of Sanjay Dinkar Devasthale, Deputy Superintendent of Police in respect of the incident alleged to have been occurred in between 01.01.2021 to 08.04.2025. The F.I.R. of the incident was lodged inter alia on the facts revealed in investigation conducted on the complaint of Abdul Sheikh Karim which was registered as R-Number 56/2025, in which it was alleged that Rs. 6.50 crores of bonus amount of tendu leaves of the hard work of poor tribals was withdrawn by Ashok Patel, Sukma Forest Division Officer fraudulently through Officials of Forest Department and various managers of Primary Minor Forest Produce Committee. The facts alleged in the complaint was investigated by the committee constituted by the state authorities comprising of 6 members and the report was also submitted by the said committee in which it was found that a letter was written by District Forest Produce Cooperative Federation Limited, Sukma to office of Chief Conservator of Forest and the then Chief General Manager on 24.08.2023, requesting cash payment of incentive remuneration for season 2021 and 2022. For season 2021 there were 15 committees and for season 2022 there were 10 committees to whom payment was proposed to be made. For season 2021, amount of Rs.4,53,73,136/- was proposed to be made, out of which Rs.1,37,61,125/- was deposited in account of 10131 tendu leaves collectors and rest amount of Rs.3,16,12,011/- was to be paid in cash to 21,225 tendu leaves collectors. Similarly, for season 2022, amount 3 of Rs.3,32,71,375/- was proposed to be made, out of which Rs.74,11,400/- was deposited in account of 5739 tendu leaves collectors and rest amount of Rs.2,58,59,975/- was to be paid in cash to 13,179 tendu leaves collectors. In this manner, total Rs. 5,74,71,986/- was to paid in cash. Out of this, amount of Rs. 2 crores which is said to have been paid in cash, there is no clarity even with respect to that. In investigation, it was found that out of 17 Primary Minor Forest Produce Cooperative Societies, officials of 08 Primary Minor Forest produce Cooperative Societies on different dates have withdrawn Rs.3,92,14,362/-but this amount was not distributed to any of the tendu leaves collectors and they made forged documents showing distribution of bonus amount and used it as genuine documents. It was thus found that accused officials in collusion with each other has misappropriated amount in large scale. 3. Learned counsel for the applicant submits that the applicant is innocent and he has not been named in the First Information Report. Initially, upon the complaint received by the EOW, a preliminary enquiry was conducted and the report was sent to the Chief Conservator of Forest, Jagdalpur vide letter dated 19.03.2025. He would submit that the applicant on 01.06.1999 was appointed as Manager of Primary Minor Forest Produce Co-operative Society, Konta and was discharging his duty sincerely and with diligence and on 11.04.2025 show cause notice was issued to applicant by Managing Director cum Registrar (Co- operation), District Forest Produce Co-operative Union Limited, Sukma, District Sukma (C.G.) alleging that applicant has misappropriated Rs.95,16,757/- and has deprived 2451 tendu leaves collectors from their rightful bonus incentive. It was further stated that 4 on 04.02.2025, applicant has deposited Rs. 70,00,000/- in account of Primary Forest Produce Society, Konta and with respect to rest amount i.e. Rs.25,16,757/-, there is no explanation as the said amount has neither been deposited nor distributed and even there are no photographs attached proving distribution to tendu leaves collectors. He would submit that on 29.04.2025 the charge-sheet was issued against the applicant and on 06.05.2025 the applicant has submitted his reply to the charge-sheet and denied all the allegations mentioned therein. The contentions made by applicant in his reply were ignored and final order was issued on 24.05.2025 by Officer, Primary Forest Produce Cooperative Society Limited, Konta and the applicant was terminated from his post. He would submit that total amount of Rs. 95,16,757/ was withdrawn in cash for distribution among 2451 tendu leaves collectors and the amount Rs.9,50,000/- was given by applicant to Shri Ashok Patel, DFO, Sukma and other forest officials who were continuously forcing the applicant to give them the money and were threatening to get applicant's licence cancelled if the applicant refuses to give the money. The applicant under coercion and constant pressure was forced to give some amount from bonus incentive to Shri Ashok Patel and other forest officials and out of the said amount Rs. 33,61,537/-was distributed by the applicant amongst the Tendu Leaves Collectors. He would submit that the applicant is diligently discharging his duty from last 25 years and there is no material that, the applicant has prepared the forged documents or misappropriated the bonus incentives of tendu leaves collectors. He would submit that the applicant has no criminal antecedents, charge sheet has been filed in 5 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. 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 Mohammad Sharif was appointed to the post of Manager in the Primary Minor Forest Produce Cooperative Society, Konta through letter No. Sangh/Esth/1049 dated 01.06.1999 of the Office of Managing Director, District Forest Produce Cooperative Federation Limited, Sukma. He would submit that it was also found in the investigation that during the tenure of applicant Mohammad Sharif, about 2451 tendu leaf collectors of 46 phads under the Primary Minor Forest Produce Cooperative Society, Konta had collected in the year 2021 whose bonus amount was to be distributed. It is further submitted that in the investigation it was also found that the accused Mohammad Sharif, Manager, Primary Minor Forest Produce Cooperative Society, Konta, in connivance with the then Managing Director Shri Ashok Kumar Patel (IFS) and other subordinate officers, withdrew the amount of Rs. 95,16,757/-(Rupees Ninety Five Lakhs Sixteen Thousand Seven Hundred and Fifty Seven only-) given by the Government for the welfare of tribal tendu leaf collectors under a well-planned conspiracy 6 and the applicant had given Rs. 9,50,000/-as commission to Managing Director and co-accused Ashok Kumar Patel and also the applicant had given Rs.1,00,000/-as commission to co-accused Rajshekhar Puranik @Raju. He would further submit that the cash withdrawn by the said accused, Rs.1,50,000/-(Rupees One Lakh and Fifty Thousand only-) was given to the journalists in lieu of not publishing the news regarding irregularities in the newspapers and the remaining amount of the cash withdrawn by the accused was also distributed improperly and given to the then Managing Director/co-accused Ashok Kumar Patel and other officers/political persons in the form of illegal commission, the accused misused his position and powers and not only obtained illegal commission for himself but also made illegal payments from the government fund to other officers and political persons, therefore applicant is not entitled to be released on bail. 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-Md. Sharif, involved in Crime No.26/2025 registered at Police Station Economic Offences Wing/ A.C.B. Raipur, District Raipur 7 (C.G.) for the offence punishable under Sections 409, 467, 468, 471, 120B of Indian Penal Code and Section 13(1)A & 13 (2) of Prevention of Corruption Act, 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, 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 8 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