1 2026:CGHC:10775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 346 of 2026 Hanuman Kumar Rathiya S/o Anandram Rathiya Aged About 33 Years R/o Village Mauhar, Tehsil Bhainsma, Outpost - Rajgamar, District : Korba, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Urga, District : Korba, Chhattisgarh ... Respondent For Applicant : Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.03.2026 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 his arrest in connection with Crime No.88/2026 registered at Police Station – Urga, District : Korba (C.G.) for the offences punishable under Sections 3(5) & 316(5) of the BNS. 2. The prosecution story in brief is that, on 29.11.2025, the complainant, Food Inspector, Rural Korba, conducted an inspection of stock VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.02 16:48:07 +0530 2 consigned from Civil Supplies Corporation, Korba branch and stored at the Government Fair Price Shop, Kudurmal (Shop ID 552001067), operated by Aadivasi Seva Sahkari Samiti, Korkoma. The inspection revealed alleged embezzlement, mismanagement and diversion of ration materials from year 2024 to till date, specifically 914.87 quintals of rice, 12.90 quintals of sugar, 26.20 quintals of chana, with the missing stock valued at approximately Rs. 39,71,598/. The complainant has named the Director i.e. Co-accused in the present crime no. namely Pyare Lal Sahu, and the present applicant, as responsible for the diversion of the said stock during its storage and distribution. On the said allegations the present FIR has been lodged on dated 07.02.2026 upon the present applicant and one other co-accused bearing FIR no. 88/2026 at Police Station Urga, District Korba, Chhattisgarh for the alleged offence punishable under section 3 (5), 316 (5) of Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant has not committed any offence punishable with death or imprisonment for life and has been falsely implicated in the present case on the basis of vague and omnibus allegations. It is contended that Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 is not attracted to the facts of the case, as the alleged diversion of stock pertains to the activities of Aadivasi Seva Sahkari Samiti, Korkoma, which is an independently registered cooperative society functioning under its own bylaws and elected managing body and is not a government department or instrumentality. The applicant was merely employed in the humble capacity of a watchman on a fixed monthly remuneration of Rs. 12,000/-, and his duties were confined strictly to guarding and security 3 of the premises. He had no role in maintenance of stock registers, receipt or distribution of ration, inventory management, or signing of vouchers or delivery documents, and therefore the allegation of misappropriation or criminal breach of trust is wholly misconceived and inconsistent with his limited job responsibilities. It is further submitted that there is no material to show that the cooperative society was under direct governmental control or that the applicant was acting in the capacity of a public servant or was entrusted with dominion over the property as contemplated under Section 316(5) BNS. The prosecution has failed to establish any motive or prima facie material indicating the applicant’s direct involvement in the alleged offence. Relying on the settled principle that “bail is the rule and jail is the exception,” the applicant submits that he is a permanent resident of Village Mauhar, Tehsil Bhainsma, Outpost Rajgamar, District Korba, Chhattisgarh, there is no likelihood of his absconding, and he is ready and willing to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the material available on record, and without expressing any opinion on the merits of the case, this Court finds it appropriate to grant 4 anticipatory bail to the applicant. Accordingly, the anticipatory bail application is allowed 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Hanuman Kumar Rathiya, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 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. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav