Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:55369
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1763 of 2025 Dilip Kumar Lahre S/o Sevak Ram Lahre Aged About 58 Years R/o Village Kosir, Thana Kosir, Tehsil Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ...Applicant
versus State Of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District Surguja C.G. ...Non-applicant
For Applicant : Mr. Ravipal Maheshwari, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 13.11.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya 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 offences punishable under Sections 318(4), 316(5), 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 11:31:51 +0530
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2. The prosecution case as per complaint of misappropriation against the paddy collection at Kosir the Collector has ordered on 09.03.2025 to investigate by 5 members committee regarding misappropriation of collection of paddy, then it was found that about 3043.32 paddy about Rs. 94,33,982/-was reduced as per record and committee was prepared list of 33 farmers in which the name of present applicant is mentioned. Based upon the such complaint of the complainant, police has registered FIR against the accused persons and applicant for the offence u/s 318(4), 316(5), 3(5) of Bharatiya Nyay Sanhita. 3. The applicant submits that she is innocent and has been falsely implicated in the present case. He further submits that the applicant is innocent and has been falsely implicated in the alleged crime; he has not committed any offence as alleged against him. The applicant is a farmer having agricultural land at Village Kosir and had lawfully obtained a token for selling paddy, which was subsequently sold to the concerned society; hence, he has not committed any of the alleged offences. The prosecution has not made any direct allegation against the applicant, who is merely a common farmer and not an office bearer of the Paddy Collection Society, Village Kosir; therefore, prima facie, no offence is made out against him. The applicant’s name does not appear in the FIR (Annexure A-2), and he has been falsely implicated in this case without any justifiable reason.
It is further submitted that the main accused persons have already been granted anticipatory bail by this Hon’ble Court in M.Cr.C.A. Nos. 575/2025, 1451/2025, and 1447/2025, and on the basis of parity, the applicant also deserves similar relief. The applicant has been involved merely on the basis of suspicion and false allegations, without any material
3 evidence. There are no ingredients of the offences punishable under Sections 318(4), 316(5), and 3(5) of the Bharatiya Nyay Sanhita made out against the applicant. The applicant did not act in the manner alleged by the prosecution, and a prima facie case is not established from the material available on record. The applicant is ready to furnish adequate surety and shall abide by all directions and conditions as may be imposed by this Hon’ble Court. He is a permanent resident of the address mentioned in the cause title of this bail application, and there is no likelihood of his absconding, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, particularly as the co-accused has already been granted bail by the trial court in MCRCA No. 1451 of 2025 and MCRCA No. 1447 of 2025 vide order dated 19.09.2025, without commenting further on the merits of the case, 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 – Dilip Kumar Lahre, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-
4 (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 his 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/-
(Ramesh Sinha) CHIEF JUSTICE vaibhav