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2025 DAILYLAW 48689 (CHH)

TIKESHWAR LAHRE v. STATE OF CHHATTISGARH

MCRCA/1774/2025 · 2025-11-13

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1 2025:CGHC:55587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1774 of 2025 Tikeshwar Lahre S/o Late Khewatram Lahre Aged About 50 Years R/o Village Kosir, Thana Kosir, Teh. Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Udho Ram Koshaley, Advocate For Respondent(s) : Ms. Supriya Upasne, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.11.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik 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), 3(5), 3(5), 61(2)(b) of the BNS, 2023. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.14 16:01:39 +0530 2 2. The prosecution case in brief is that the complainant submitted a written report at the concerned police station stating that, during an inspection, it was found that 3043.22 quintals of paddy, valued at Rs. 94,33,982/-, were missing from the Paddy Society, Kosir. Based on the said written complaint, an offence was registered against the accused persons for the alleged commission of offences under Sections 318(4), 316(5), 3(5), 3(5), 61(2)(b) of the BNS. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as he has not committed any offence alleged by the prosecution. It is contended that, as per the revenue record (Rin Pustika), the applicant is the recorded holder of Khasra No. 6 admeasuring 0.267 hectare, on the basis of which he had lawfully purchased 42 quintals of paddy vide token dated 31.01.2025, copies of which are filed with the bail application. It is argued that the applicant has neither committed any fraud or cheating with the Government nor embezzled any amount of the Society, nor has he caused any shortage of paddy or derived any benefit therefrom, and thus the allegations levelled against him are false and baseless. It is further submitted that the prosecution story is concocted only to implicate the applicant without any substantive material, and the material on record does not make out any prima facie case against him. Learned counsel further submits that three co- accused persons namely, Omnarayan Chandra, Vishnu Narayan 3 Chandra and Rahul Kumar Tandon have already been granted bail by this Court in MCRCA No. 1451/2025, MCRCA No. 1447/2025, MCRCA No. 575/2025 vide order dated 19.09.2025, 19.09.2025 and 24.04.2025 respectively and the case of the present applicant is identical to that of the co-accused, and therefore, on the ground of parity, the applicant also deserves to be released on bail. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant and also the submissions made by learned counsel for the applicant, but could not dispute the fact that three co-accused persons have already been granted anticipatory bail by this Court and the case of the present applicant is identical to that of the co-accused. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, also considering the fact that three co- accused persons namely, Omnarayan Chandra, Vishnu Narayan Chandra and Rahul Kumar Tandon have already been granted bail by this Court in MCRCA No. 1451/2025, MCRCA No. 1447/2025, MCRCA No. 575/2025 vide order dated 19.09.2025, 19.09.2025 and 24.04.2025 respectively and the case of the present applicant is identical to that of the co-accused, as such, 4 without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the Applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Tikeshwar Lahre, on executing a personal bond with one local 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Manpreet