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2025 DAILYLAW 56977 (CHH)

NAROTTAM CHANDRA v. STATE OF CHHATTISGARH

MCRCA/1682/2025 · 2025-11-02

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1 2025:CGHC:53609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1682 of 2025 1 - Narottam Chandra S/o Geslal Chandra Aged About 56 Years R/o Kumhari, P.S. Kosir, Distt. Sarangarh-Bilaigarh (C.G.) 2 - Geslal Chandra S/o Late Lalit Chandra Aged About 76 Years R/o Kumhari, P.S. Kosir, Distt- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through- Sho, P.S. Kosir, Distt- Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Mr. Ishwar Jaiswal, Advocate For Respondent-State : Mr. Swajeet Ubeja, Panel lawyer (Hon’ble Chief Justice Shri Ramesh Sinha) Order on Board 03/11/2025 1. This is the first bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 94/2025 registered at Police Station Kosir, Distt. Sarangarh-Bilagarh 2 (C.G.), for the offences punishable under Section 318(4), 316(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023]. 2. The prosecution's story, in brief, is that on 09.03.2025 as per the order of the concerned Collector a five member team committee was directed to conduct inspection at the Paddy Procurement Centre, Kosir and during the inspection it was found that there is a shortage f 3043.22 quintals of paddy which was worth Rs. 94,33,982. Thereafter, based on the aforementioned crime FIR was registered against all the five members of the said committee and it was further alleged that these persons have made fake purchase entries and about 2847.60 quintols was shown to have been purchased from 33 farmers who have not physically gone to the paddy centre for selling of paddy. Further case of the prosecution is that the present applicants have been named in the list of said 33 farmers and based on the same, the present applicants have been implicated in the present case. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits that other three co-accused person, namely, Rahul Kumar Tandon, Omnarayan Chandra and Vishnu Narayan Chandra have already been granted bail by this Court vide order dated 24.04.2025 and 19.09.2025 in MCRCA No. 575/2025, MCRCA No. 1451 of 2025 and MCRCA No. 1447 of 2025 respectively. Therefore, he submits that the present applicants are also entitled to be released on bail on the ground of parity. 3 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused persons, namely, Rahul Kumar Tandon, Omnarayan Chandra and Vishnu Narayan Chandra vide order dated 24.04.2025 and 19.09.2025 in MCRCA No. 575/2025, MCRCA No. 1451 of 2025 and MCRCA No. 1447 of 2025 respectively, have already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants Narottam Chandra and Geslal Chandra, on them executing a personal bond and one surety each in the like sum to the satisfaction of the arresting ofÏcer, they shall be released on bail on the following conditions:- (i) 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. (ii) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) The applicants shall appear before the trial court on each and every date given to them by 4 the said court till disposal of the trial. (iv) The applicants 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. (v) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY