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2025 DAILYLAW 54144 (CHH)

RAMESHWAR PRASAD CHANDRA v. STATE OF CHHATTISGARH

MCRCA/585/2025 · 2025-05-05

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Judgment text

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1 2025:CGHC:20745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 585 of 2025 1 - Rameshwar Prasad Chandra S/o Mahadev Chandra Aged About 49 Years R/o Salounikala, P.S. Bhatgaon, District Sarangarh- Bilaigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Bhatgaon, District Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Amiyakant Tiwari, Advocate For State : Mr. U.K.S. Chandel, Dy. A.G. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/05/2025 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.24/2025 registered at Police Station – Bhatgaon District-Sarangarh-Bilaigarh, for the offences punishable under Sections 316(5), 318(4) of BNS. 2. Case of the prosecution, in brief, is that upon an inspection by the Sub Divisional Officer on 24.01.2025 of the paddy VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.08 11:52:43 +0530 2 procurement center Salounikala it was found that the paddy bags were scattered and disorganized and the weight was found 40 KG less from the standards weight, upon an inspection total 1890 qtl. of paddy amounting to Rs. 4356200/- was found to be lacking as a consequence of which named F.I.R. against the present applicant along with co accused Bharat Chandra the present Society Manager, Sanjay Sahu the previous Society Manager, Devnarayan Chandra and Rameshwer Chandra the Center Incharge was registered. It is respectfully submitted that on 28.02.2025 a representation was made to the Collector District Sarangarh-Bilaigarh stating that since the present applicant is working as a Data Entry Operator and he has been entrusted with the job of entries of the data relating to purchase and transportation of the paddy within the society. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that on 08.04.2025 a data relating to total purchase and transportation of paddy for purchase year 2024- 2025 was issued by the society showing no shortage of any paddy, also certificate was issued on 11.04.2025 stating that there is no shortage of paddy in the Salaunikala Society Bhatgaon Branch duly signed by the Branch manager who had lodged the report with the local police on 24.01.2025. investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that there one previous criminal antecedent against the present applicant under crime No. 328 of 2024 registered at police station Bilaigarh for the offenence under Section 13 of Gambling Act. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that on 08.04.2025 a data relating to total purchase and transportation of paddy for purchase year 2024-2025 was issued by the society showing no shortage of any paddy, also certificate was issued on 11.04.2025 stating that there is no shortage of paddy in the Salaunikala Society Bhatgaon Branch duly signed by the Branch manager who had lodged the report, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Rameshwar Prasad Chandra 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:- (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 4 dissuade her 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. (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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali