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2025 DAILYLAW 54989 (CHH)

BHARAT KUMAR CHANDRAKAR v. STATE OF CHHATTISGARH

MCRCA/564/2025 · 2025-05-05

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Judgment text

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1 2025:CGHC:20746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 564 of 2025 1 - Bharat Kumar Chandrakar S/o Dhaniram Chandrakar 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. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.08 11:52:41 +0530 2 2. Case of the prosecution, in brief, is that is that Ramratan Ratnakar, Branch Manager at District Cooperative Central Bank, Bhatgaon branch, lodged a report at Bhatgaon Police Station. In the report, he alleged that on 24.01.2025, Sub- Divisional Officer Versha Bansal conducted an inspection at the Paddy Procurement Centre in Salaunikala. Upon inspecting the stock and register, a shortage of 1,894 quintals of paddy was discovered. A report detailing the findings was submitted to the Collector of Sarangarh-Bilaigarh, who directed the registration of an FIR against the responsible persons from the paddy procurement society. Based on this report, offenses under Sections 316(5) and 318(4) of the Bhartiya Nyay Sanhita, 2023, have been registered against the accused, including the present applicant. 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. 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 – Bharat Kumar Chandrakar 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 dissuade her from disclosing such fact to the Court. (b) The applicant shall not act in any manner which 4 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