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2025 DAILYLAW 49362 (CHH)

UDAY LAHRE v. STATE OF CHHATTISGARH

MCRCA/1724/2025 · 2025-11-06

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Judgment text

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1 2025:CGHC:54416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1724 of 2025 Uday Lahre S/o Premlal Lahre Aged About 40 Years R/o Village Kosir, Thana Kosir, Tehsil Sarangarh, District Sarangarh-Bilaigarh C.G. ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Kosir, District Sarangarh-Bilaigarh C.G. ... Non-applicant For Applicant : Mr. Ravipal Maheshwari, Advocate For Non-applicant : Mr. Swajeet Singh Ubeja, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 07/11/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) 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 Section 318 (4), 316 (5) & 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of prosecution in brief is that, as per complaint of misappropriation against the paddy collection at Kosir, the Collector, District – Sarangarh – Bilaigarh, (C.G.) has vide order dated 09.03.2025, directed for an investigation by forming 5 members committee regarding misappropriation of collection of paddy and after due enquiry, it was found that about 3043.32 paddy about Rs. 94,33,982/- was reduced as per record and committee SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 prepared list of 33 farmers involved in the said illegal deficit and in which, the name of present applicant is also 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, 2023. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He submits that there is no involvement of the applicant in the present case and there is no direct material available against him. He further submits that, one of the similarly situated co-accused has been granted the benefit of anticipatory bail in MCRCA No. 575/2025 vide order dated 24.04.2025 and therefore, the present applicant be also granted anticipatory bail on parity. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant there are specific allegations of commission of allegedly causing illegal deficit of paddy in the procurement centre. He submits that the F.IR. has been after due enquiry and investigation is pending. Therefore, the applicant may not be granted anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that the applicant is only a farmer and has sold paddy only after receiving token from the authorities, as such, without further commenting anything on merits, this Court find it appropriate 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 – Uday Lahre, on executing a personal bond with 3 one 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/- sd/-d (Ramesh Sinha) Chief Justice Dey