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2026 DAILYLAW 12042 (CHH)

DEV KUMAR YADAV v. STATE OF CHHATTISGARH

MCRCA/207/2026 · 2026-02-08

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Judgment text

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1 2026:CGHC:7107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 207 of 2026 • Dev Kumar Yadav S/o Late Shri Chhedoo Ram Yadav Aged About 32 Years R/o Navapara Gharghoda, P.S. Gharghoda, District- Raigarh (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station- Lailunga, District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Arvind Shrivastava, Advocate For Respondent/State : Ms. Monika thakur, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/02/2026 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.02/2026 registered at Police Station Officer- Lailunga, District- Raigarh (C.G.) for the offences punishable under Sections – 316(3) and 3(5) of BNS, 2023. 2. As per the case of the prosecution,on 06.01.2025 a written report was lodged by the Senior Assistant, District Marketing Officer, Raigarh along with the Food Inspector, alleging that one Kishan Nishad had illegally procured Public Distribution System (PDS) Bardana (bags) VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.10 17:27:13 +0530 2 from various Government Fair Price Shops, including those situated in Village Panchayat Keshala and other areas of Lailunga. It was alleged that the said accused procured 95,198 PDS Bardana from the Lailunga area, 51,500 PDS Bardana from the Gharghoda area and 90,475 PDS Bardana from the Tamnar area, totaling 2,37,173 PDS Bardana, out of which, upon physical verification, only 1,47,832 Bardana were found available, whereas the remaining 89,341 PDS Bardana found missing and alleged to have been misappropriated, causing a loss of Rs. 22,33,525/- to the were Government, thereby attracting criminal liability against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. Further, similarly situated co-accused persons has already been granted bail by this Court’s order dated 29.01.2026 in MCRCA No.144 of 2026, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer 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, gravity of offence, submissions made by learned counsel for the parties and similarly situated co-accused persons has already been granted bail by this Court’s order dated 29.01.2026 in MCRCA No.144 of 2026, the conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the 3 applicant is 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 applicant – Dev Kumar Yadav, on executing a personal bond and one 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 vaishali