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2025 DAILYLAW 56480 (CHH)

VIRENDRA KUMAR NIRALA v. STATE OF CHHATTISGARH

MCRCA/1730/2025 · 2025-11-09

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Judgment text

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1 2025:CGHC:54620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1730 of 2025 1 - Virendra Kumar Nirala S/o Baliram Nirala Aged About 45 Years R/o Makan No. 85, Singhanpur A, Ward No. 7, Singhanpur, Paseed, P.S. Kosir, District Sarangarh-Bilaigarh, Chhattisgarh. 2 - Chhabilal Verma S/o Neelkanth Verma Aged About 47 Years R/o Makan No. 106, Beech Basti, Ward No. 9, Singhanpur, Paseed, P.S. Kosir, District Sarangarh-Bilaigarh, Chhattisgarh. 3 - Sumitra Mahilane W/o Dug Ram Mahilane Aged About 48 Years R/o Makan No. 71, Bhadra, P.S. Kosir, District Sarangarh-Bilaigarh, Chhattisgarh. 4 - Suraj Bai Mahilane W/o Dashrath Mahilane Aged About 72 Years R/o Makan No. 71, Bhadra Bich Basti, Bhadra Paseed, P.S. Kosir, District Sarangarh-Bilaigarh, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through S H O P.S. Kosir, District Sarangarh- Bilaigarh, Chhattisgarh. ... Respondent GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.11 18:40:31 +0530 2 For Applicants : None. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/11/2025 1. None appears nor is any representation made on behalf of the applicants to press this bail application when the case is called out. 2. It transpires from the record that this is the anticipatory bail application filed on behalf of the applicants. Hence, the Court proceeds to consider and hear the bail application of the applicants with the assistance of the State counsel. 3. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.94/2025 registered at Police Station – Kosir, District Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 318(4), 316(5) and 3(5) of B.N.S. 4. Case of the prosecution, 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 quintals of paddy worth Rs.94,33,982/- at the procurement centre. Thereafter, on 22.03.2025 an FIR bearing no. 3 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 quintals of Paddy worth Rs. 94,33,982/- and further it was alleged that out of the said fake purchase of Rs. 3043.22 quintals of Paddy, about 2847.60 quintals 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 that the present applicants have been implicated in the present case. 5. Learned State counsel opposes the prayer for grant of anticipatory bail but admits that co-accused Omnarayan Chandra has been granted anticipatory bail by this Court in MCRCA No.1451/2025 on 19/09/2025, co-accused Vishnu Narayan Chandra has been granted anticipatory bail by this Court in MCRCA No.1447/2025 on 19/09/2025 and co-accused Rahul Kumar Tandon has been granted anticipatory bail by this Court in MCRCA No.575/2025 on 24/04/2025. 4 6. I have perused the material available on record. 7. Considering the facts & circumstances of the case, material available on record, considering the fact that co-accused Omnarayan Chandra has been granted anticipatory bail by this Court in MCRCA No.1451/2025 on 19/09/2025, co-accused Vishnu Narayan Chandra has been granted anticipatory bail by this Court in MCRCA No.1447/2025 on 19/09/2025 and co- accused Rahul Kumar Tandon has been granted anticipatory bail by this Court in MCRCA No.575/2025 on 24/04/2025 and also considering the fact that investigation and trial are likely to take some time, therefore I am inclined to grant anticipatory bail to the present applicants. 8. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Virendra Kumar Nirala, Chhabilal Verma, Sumitra Mahilane & Suraj Bai Mahilane, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will 5 be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their 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 applicants shall not involve themselves in any offence of similar nature in future. 9. After passing of the order, Shri Ishwar Jaiswal, learned counsel for the applicants appears and submits that his appearance may be marked. Sd/- (Ramesh Sinha) Chief Justice gouri