1 2025:CGHC:55832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9204 of 2025 Dilaram Tandan S/o Shri Sukhram Tandan Aged About 32 Years R/o Village Chanamuda Post Chatipali, Police Station - Kosir, District Sarangarh-Bilaigarh Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Kosir, District Sarangarh-Bilaigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 94/2025 registered at Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 318(4), 316(5), 3(5), 61(2)(B) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on the instructions of the Collector, a five-member enquiry team was constituted and physical RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 verification of the Paddy Procurement Center, Kosir was conducted, during which a shortage of 3,043.22 quintals of paddy, valued at Rs.94,33,983/-, was found. In the enquiry, it was revealed that the computer operator had made forged entries regarding the purchase of paddy. On the basis of the enquiry report, an FIR was registered against the applicant and others for offences under Sections 318(4), 316(5), 3(5), and 61(2)(B) of the Bhartiya Nyay Sanhita. The applicant was subsequently arrested on 16-07-2025 in connection with the said offences. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant was appointed as a temporary Fad Prabhari at the procurement center for the period from 14.11.2024 to 31.03.2025 on a fixed monthly honorarium of Rs.7,000/-. He has been falsely implicated only because he was posted at the center during 2024–25, although he neither committed any fraud, forgery, nor misappropriation of government funds. It is further submitted that, in order to shield the government ofÏcials actually responsible for the shortage of paddy, the Inquiry Team directed registration of the case against the applicant and other lower-level workers, whereas the real culprits are the Nodal OfÏcer and Markfed ofÏcials who failed to transport the paddy within the prescribed time. He further submits that similarly situated co- accused person, namely, Ku. Seema Vaare has already been granted regular bail by this Court vide order dated 12.11.2025 in MCRC No. 9043/2025 and the identically situated co-accused 3 persons, have already been granted anticipatory bail by this Court in MCRCA Nos. 1633/2025, 1682/2025, 575/2025, 1697/2025, 1447/2025, 752/2025, 779/2025, 718/2025, 1451/2025, 1702/2025, 1706/2025, 1730/2025, 1763/2025, 1734/2025, 1706/2025, 1712/2025, 1713/2025, 1724/2025, 1725/2025. The applicant is in jail since 16.07.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 16.07.2025, the fact that similarly situated co-accused person, namely, Ku. Seema Vaare has already been granted regular bail by this Court vide order dated 12.11.2025 in MCRC No. 9043/2025 and the identically situated co-accused persons, have already been granted anticipatory bail by this Court in MCRCA Nos. 1633/2025, 1682/2025, 575/2025, 1697/2025, 1447/2025, 752/2025, 779/2025, 718/2025, 1451/2025, 1702/2025, 1706/2025, 1730/2025, 1763/2025, 1734/2025, 1706/2025, 1712/2025, 1713/2025, 1724/2025, 1725/2025. and the case of present applicant is identical to that of the co-accused persons, 4 further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Dilaram Tandan, involved in Crime No. 94/2025 registered at Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 318(4), 316(5), 3(5), 61(2)(B) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 5 presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan