Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8667
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 213 of 2025 Pankaj Vishnu Bhardwaj S/o Manoj Bharadwaj Aged About 21 Years Occupation Service (Bardana Prabhari) R/o Village Raksha P.S. Kosir Tehsil Sarangarh District- Sarangarh- Bilaigarh C.G.
... Applicant versus State Of Chhattisgarh Through District Magistrate (Dm) Sarangarh- Bilaigarh District Sarangarh- Bilaigarh (C.G.)
... Non-applicant For Applicant : Mr. Priyanshu Gupta, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order On Board 19/02/2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 303/2024 registered at Police Station – Kosir, District – Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 318(4), 338, 336(3) and 331 of Bhartiya Nyay Sanhita, 2023.
2. Prosecution case in brief is that the present applicant was in-charge KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 of Jute Bags at Paddy Procurement Centre Raksha under "Primary Sewa Sehkari Samiti Maryadit" Kosir bearing Registration No.
1561. He got authorized as such vide order dated 13.11.2024 issued pursuant to resolution dated 13.09.2024 carried out by
"Primary Seva Sehkari Samiti Maryadit" Kosir. applicant as In- charge of jute bags was under the guidance of Samiti Pranbandhak, & Authorities performing his duties honestly & sincerely at Paddy Procurement Centre Raksha under the "Primary Service Cooperative Society Maryadit" Kosir. In pursuance of some sort of Complaint holding Inquiry an F.I.R. got registered against as many as seven persons including the present applicant for commission of offenses punishable under Sections 318 (4), 331, 336 (3), 338 of BNS 2023.
3.
Learned counsel for the applicant submits that the applicant is innocent person and he has not committed any offence as alleged by the prosecution. He further submits that in the present case, co- accused persons have been granted anticipatory bail by this Court being MCRCA No. 76/2025, MCRCA No.15/2025, vide its order dated 16.01.2025, 08.01.2025 and the present applicant being an in-charge of Jute Bags at Paddy Procurement Center. Accordingly, he prays for grant of anticipatory bail on the ground of parity.
4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that the applicant along with other co-accused persons were involved in the present case of serious irregularities in the paddy procurement process at the society’s center in Raksa, including the purchase of
3 excess paddy from farmers procurement without proper documentation, preparation of fake weight slips and arrival receipts, therefore, he is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused all of the documents taken on record.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties and nature of dispute and material available in case diary, also considering the allegation against the applicant that he alongwith other co-accused persons were involved in the case of serious irregularities in the paddy procurement process at the society's center in Raksa, including the purchase of excess paddy from farmers procurement without proper documentation, preparation of fake weight slips and arrival receipts, but three of the co-accused persons, namely, Khagesh Jangde, Ganpat Jangde and Priti Chandra have already been granted anticipatory bail by this Court vide order dated 16.01.2025, 08.01.2025 and 15.01.2025 in MCRCA No. 76/2025, MCRCA No.15 of 2025 and MCRCA No.70 of 2025, respectively, and the case of present applicant is similar to that of the co-accused persons, therefore, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pankaj Vishnu Bhardwaj on executing a personal bond with one surety in the like sum to the
4 satisfaction of the arresting OfÏcer, 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 him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which 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 their adhaar card alongwith a colored 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 themself in any offence of similar nature in future.
Sd/- (Ramesh Sinha) Chief Justice Kunal