1 2025:CGHC:7747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 226 of 2025 Madhubala Patnaik W/o Gajendra Patnaik Aged About 42 Years (Aadhar No. 4176 5248 8298) R/o House No. 99, Madhugaon Centre, Village - Munda Gaon, Tahsil - Lailunga, District – Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station - Tamnar, District – Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Hari Agrawal, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. 16/2025 registered at Police Station – Tamnar, District- Raigarh, (C.G.) for the offences punishable under Sections 316(4) & 3(5) of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution’s case, in brief is that a written complaint was filed by one Vimal Singh in his capacity as the Manager of C.G. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.14 10:53:02 +0530 2 State Co-operative Society Ltd., Apex Bank, Branch-Tamnar, stating that on 15.01.2025, a survey was conducted at the Paddy Procurement Centre, Tamnar. During the physical verification, a shortage of 2,611.60 quintals (6,529 bags), amounting to Rs.80,95,960/-, was found compared to the online records. Consequently, an FIR was registered against the then Manager of the Paddy Centre, Niladri Patnaik; the Computer Operator, Smt. Madhubala Patnaik (the applicant herein); the Fad Incharge, Bharatlal Rathiya; and the Bardana Incharge, Shivshanker Bhagat. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant was only a computer operator in the Paddy purchased from the farmers, in which no discrepancy was found, rather based on these correct entries only, the search team can find the deficiency in the physical stock. He further submits that the scope of movement of paddy out of the centre was within the sole work area of Manager, who was only authorized and responsible person on whose nod, paddy used to move out of the centre. He also submits that the applicant is a woman and had an unblemished service career throughout and had no criminal antecedents. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the present applicant and other co-accused persons is that they embezzled the paddy i.e. 3 2,611.60 quintals (6,529 bags) from the Paddy Procurement Centre, Tamnar, amounting to Rs. 80,95,960/-, therefore, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the applicant was only a computer operator in the Paddy purchased from the farmers and also considering the fact that the scope of movement of paddy out of the centre was within the sole work area of Manager, who was only authorized and responsible person on whose nod, paddy used to move out of the centre, the applicant is a woman and has no criminal antecedents, therefore, I am inclined 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 – Madhubala Patnaik, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) She 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 her from disclosing such fact to the Court. (b) She shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (c) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of her 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) She shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan