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2025 DAILYLAW 49308 (CHH)

DUJERAM v. STATE OF CHHATTISGARH

MCRCA/1713/2025 · 2025-11-06

body2025

Judgment text

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1 2025:CGHC:54385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1713 of 2025 • Dujeram S/o Baratram Aged About 65 Years R/o Village Kosir, District Sarangarh - Bilaigarh (C.G.) (Details Of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Kosir, District- Sarangarh - Bilaigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Ishwar Jaiswal, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.11.2025 1. This is First 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- Bialigarh (C.G.) for the offence punishable under Sections 318(4), 316(5) of 3(5) of BNS. 2. The prosecution story, in brief, is that on 09.03.2025 as per orders of the concerned Collector, a five-team member committee was directed to conduct inspection at the Paddy Procurement Centre, Kosir and during which it was found that there was a shortage of 3043.22 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.07 17:59:39 +0530 2 quintals of paddy worth Rs. 94,33,982/- at the procurement centre. Thereafter, on 22.03.2025 an FIR bearing no. 94/2025 was registered under Section 318(4), 316(5) & 3(5) of BNS at P.S. Kosir, Distt. Sarangarh-Bilagarh (C.G) against accused persons namely Rahul Kumar Tandon (Prabhari Prabandhak and Computer Operator), Dilaram Tandon (Fad Prabhari), Sukhram Anant & Shyam kumar Jangde (Paddy Purchase Prabhari), all of them being members of concerned Co-operative Society carrying out the procurement process at the Paddy Procurement Centre, Kosir; with the allegation that these accused persons have made fake purchase entries of 3043.22 quintols of Paddy worth Rs. 94,33,982/- and further it was alleged that out of the said fake purchase of Rs. 3043.22 quintols of Paddy, about 2847.60 quintols was shown to have been purchased from 33 farmers who have not physically went to the paddy centre for the selling of the paddy. The further case of the prosecution is that the present applicants have been named in the list of said 33 farmers and based on the same, the present applicants have 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 equally placed two other accused persons who were named in the list of 33 farmers alongside the present applicants, have been granted benefits of anticipatory bail by this Court vide order dated 19.09.2025 in MCRCA No.1451 of 2025 and MCRCA No.1447 of 2025, and three co-accused persons have also been granted anticipatory bail today in MCRCA No.1712 of 2025 vide order dated 07.11.2025. Therefore, he prays for grant of anticipatory bail to the applicant on the ground of parity. 3 4. On the other hand, learned State counsel opposes the bail application. 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 gravity of allegation levelled against the applicant and considering the fact that the co-accused persons have already been granted anticipatory bail by this Court in MCRCA No.1451 of 2025 and MCRCA No.1447 of 2025 vide order dated 19.09.2025 and in MCRCA No.1633 of 2025 vide order dated 28.10.2025, in MCRCA No.575 of 2025 vide order dated 24.04.2025, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case 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 – Dujeram 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 him 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 each and every date given to him by the said Court till disposal of the trial. 4 (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 involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali