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2025 DAILYLAW 44069 (CHH)

VISHNU NARAYAN CHANDRA v. STATE OF CHHATTISGARH

MCRCA/1447/2025 · 2025-09-18

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Judgment text

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1 2025:CGHC:48332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1447 of 2025 Vishnu Narayan Chandra S/o Banshidhar Chandra Aged About 55 Years R/o Village - Kosir, P.S. Kosir, District Sarangarh-Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through - Sho P.S. Kosir, District Sarangarh- Bilaigarh (C.G.) ... Non-Applicant For Applicant :Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State :Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.09.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 94/2025 registered at Police Station – Kosir, District : Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 318(4), 316(5) and 3(5) of the Indian Penal Code (In short, IPC). 2. As per the prosecution's case, on 09.03.2025, pursuant to the orders of the concerned Collector, a five-member committee was PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.19 19:58:30 +0530 2 directed to conduct an inspection at the Paddy Procurement Centre, Kosir. During the inspection, a shortage of 3043.22 quintals of paddy worth Rs.94,33,982/- was detected. Thereafter, on 22.03.2025, an FIR (No. 94/2025) was registered at Police Station Kosir, District Sarangarh-Bilaigarh (C.G.), under Sections 318(4), 316(5), and 3(5) of the BNS, against accused persons Rahul Kumar Tandon (Prabhari Prabandhak and Computer Operator), Dilaram Tandon (Fad Prabhari), and Sukhram Anant & Shyam Kumar Jangde (Paddy Purchase Prabharis), all of whom were members of the Co-operative Society managing procurement at the said centre. It was alleged that the accused made fake purchase entries for 3043.22 quintals of paddy worth Rs.94,33,982/-, and that out of this, 2847.60 quintals were shown as purchased from 33 farmers who never physically visited the procurement centre. The present applicant was named among these 33 farmers. During the investigation, it was found that the applicant had transferred Rs.4,00,000/- to the account of accused Rahul Kumar Tandon through multiple UPI transactions. Based on this, the applicant has been implicated in the present case. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant is a farmer and as per the prosecution story, the applicant has not sold any paddy physically at the Paddy procurement centre and therefore, he has been implicated in the present case, however, it is most respectfully submitted that the applicant has not only sold paddy but also has received Aawak Panji 3 (Purchase Registration) and Taul Parchi (Weighing Slip) with details of quantity of paddy which he has actually sold alongwith the date of selling the paddy and the token number which he was issued for the same. It is most respectfully submitted that these documents viz., Aawak Panji (Purchase Registration) & Taul Parchi (Weighing Slip), apparently shows that the applicant has actually sold the paddy physically at the procurement centre, as the same could not be obtained without physically taking and selling the paddy at the concerned Paddy Procurement Centre. A copy Aawak Panji (Purchase Registration) & Taul Parchi (Weighing Slip) are annexed herewith as Annexure A-3 (Colly). He further submits that the co-accused person, namely, Rahul Kumar Tando has been granted anticipatory bail by this Court vide order dated 24.04.2025 passed in MCRCA No. 575/2025. He later submits that the applicant has one previous criminal antecedent. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application. He submits that, during the course of investigation, it was revealed that the applicant had transferred a sum of Rs.4,00,000/- to the account of co-accused Rahul Kumar Tandon through multiple UPI transactions. In view of this, the applicant is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and 4 gravity of allegation leveled against the applicant, and the fact that the applicant is a farmer, and contrary to the prosecution's allegation that he did not physically sell any paddy at the procurement centre, the applicant has, in fact, sold paddy and has duly received the Aawak Panji (Purchase Registration) and Taul Parchi (Weighing Slip), which clearly mention the quantity of paddy sold, the date of sale, and the token number issued in his name, further such documents i.e. the Aawak Panji and Taul Parchi could not have been issued without the applicant having physically transported and sold the paddy at the concerned Paddy Procurement Centre, also considering the fact that the co-accused, namely, Rahul Kumar Tandon has already been granted anticipatory bail by this Court vide order dated 24.04.2025 passed in MCRCA No. 575/2025, the applicant has one previous criminal antecedent, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vishnu Narayan Chandra 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) The Applicant 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 his from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on 5 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)The Applicant shall not involved himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti