1 2025:CGHC:52326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6631 of 2025 1 - Shaunak Nayak S/o Shyam Kumar Nayak Aged About 32 Years R/o Village Ichchhapur, Police Station Saraipali, District : Mahasamund, Chhattisgarh 2 - Bhishmdev Patel S/o Vilas Patel Aged About 38 Years R/o Village Kena, Police Station Saraipali, District : Mahasamund, Chhattisgarh 3 - Birendra Sahu S/o Mohanlal Sahu Aged About 34 Years R/o Village Kena, Police Station Saraipali, District : Mahasamund, Chhattisgarh ... Applicants Versus 1 - State Of Chhattisgarh Through Police Station Saraipali, District : Mahasamund, Chhattisgarh ... Non-applicant For Applicants : Mr. Manoj Paranjape, Senior Advocate along with Mr. Arpan Verma, Advocate For Non-applicant : Ms. Supriya Upasne, Government Advocate S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 1. The applicants have preferred this Second Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No. 91/2025, registered at Police Station- Saraipali, District : Mahasamund, (C.G.) for the offence punishable under Sections 318 (4), 316 (5), 338, 61 (2), 336 (3), 340 (2) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 2. As per the case of the prosecution, F.I.R. of the incident was lodged on 12.04.2025 inter-alia on the allegations that, the complainant namely Yuvraj Nayak, who is the Branch Manager in District Co-operative Central Bank Ltd. at branch Toresingh. On complaint of irregularities in Paddy Production Center Kena, the investigation committee consisting of (01) Avinash Dubey, Food Inspector Saraipali, (02) Manoj Nayak, Co-operative extension officer Saraipali, (03) Ravindra Kale, Naib Tehsildar, has conducted the investigation and presented the investigation report in which it was found that the applicant and Data entry operator Shaunak Nayak had issued false, 30 gate passes on 14.01.2025 and one gate pass on 15.01.2025 total 31 gate passes and had misappropriated 25925 Paddy Sacs weighing about 10370 Quintals of stock. Further as per the entries made in the register of Paddy Procurement center, Saraypali and as per the non-recipt report of the shortage center 31 trucks of paddy was missing till 24.01.2025, in this manner, head of procurement center, Kena made fake gate passes and issued DM, resulting in reduction of paddy stock and because of the same the average weigh of the sack i.e. 39 KG of Paddy was reduced due to which online entry of 3150 paddy sacks weighing about 1260 quintals was not maintained in the procurement center. On physical verification dated 23.01.2025 of paddy procurement center Kena, 10373 paddy sack were found less and on further counting 917 new empty gunny bags found to be more and 1639 old empty gunny bags were found to be less i.e. total 36298 bags of paddy weighing about 14519.20 quintals were found to be less. Hence, the FIR was lodged by the complainant against the present applicants and they were arrested on 15.04.2025. 3. Learned senior counsel for the applicants submits that the present applicants are innocent and have no connection whatsoever with the alleged crime. He submits that this is the second bail application and the first bail applications filed by the applicants in MCRC No. 5928/2025, MCRC No. 5982/2025 and 3 MCRC No. 5934/2025 was dismissed as withdrawn vide order dated 05.08.2025. He contended that the Applicant Shaun Nayak is posted and working as Data Entry Operator and is doing the work of entering/registering the data of procurement centre and thus, no offence as alleged is made out against him. He further contended that the head of the society after purchasing the paddy used to transport the same to procurement center or to the rice-millers. At the time of lifting of paddy, online pass/delivery memo is generated on government website which requires the ID and password of transporter and only after generation of the valid ID and password, paddy can be dispatched to the rice millers, in the same way the paddy was dispatched for delivery on 14.01.2025 and 15.01.2025. That, the delivery memo and gate passes is monitored by the district level authorities and in such a case there is no chance of generating fake deliver memo or gate passes. Further, it is the duty of transporter to deliver the paddy from procurement center to the proposed destination, in which applicant/ Paddy Procurement Centre, head has no control. He submits that paddy was not lifted on time, which resulted in drying of paddy and consequent paddy lost his moisture content resulted into reduction in weight of paddy. That, till date, complete stock of paddy has not been lifted from Paddy procurement center, and Finalization report has also not been prepared and despite that in the investigation less paddy has been shown and false FIR has been lodged. Further, the non-lifting of the paddy resulted in the shortage in weight still most of the paddy has not been lifted from the procurement center and stock finalization report has not been prepared and without finalization report shortage of paddy has been proposed by the investigation committee. 4. It is further by the counsel for the applicants are in jail since 15.04.2025. The investigation is complete and charge-sheet has been filed before the competent Trial Court. So far as criminal antecedents of the applicants are concerned, as per the deponent’s knowledge, no criminal antecedent is 4 registered against the Applicants No. 1 & 3 and one criminal antecedent is pending adjudication against the Applicant No. 2 bearing Crime No. 218/2020, P.S. Saraipali, District – Mahsamund in which he has been granted anticipatory bail in MCRCA No. 911/2020. Lastly, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 5. Learned counsel for the State submits that the allegations against the applicants are serious and prima facie disclose criminality under Sections 318 (4), 316 (5), 338, 61 (2), 336 (3), 340 (2) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023. The applicants tried to misappropriate the paddy stored at the paddy procurement centre and due to which, total 36298 bags of paddy weighing about 14519.20 quintals was misappropriated which was also affirmed by the investigating committee. Considering the seriousness of the offences, the risk of tampering with evidence and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 6. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 7. Upon careful consideration of the submissions made by learned counsel for the applicants and the State, it is observed that the applicants have been in custody since 15.04.2025, charge-sheet has been filed before the concerned Trial Court and further that there are no criminal antecedents against the Applicants No. 1 & 2, it appears to be just and reasonable case to allow the applicants to be released on bail. 8. Accordingly, applicants- Shaunak Nayak, Bhishmdev Patel and Birendra Sahu, involved in Crime No. 91/2025, registered at Police Station- Saraipali, District : Mahasamund (C.G.) for the offence punishable under Sections 318 (4), 316 (5), 338, 61 (2), 336 (3), 340 (2) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail upon each of them furnishing a personal 5 bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 6 9. However, this Court hopes and trusts that the Trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey