1 2026:CGHC:2281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1838 of 2025 Mahendra Sharma S/o Shri Bhagwat Sharma Aged About 27 Years Resident Of Podi Uparoda, Police Station Bango, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Chowki, Morga, P.S. Bango District- Korba (C.G.) ... Respondent For Applicant : Shri Shailendra Dubey, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/01/2026 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.177/2025 registered at Police Station – Chowki Morga GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.15 18:55:06 +0530 2 P.S Bango (C.G) for the offences punishable under Sections 316(2), 316(5) of the B.N.S. 2. Case of the prosecution, in brief, is that the complainant, Shri Thandilal Bindwar, who is posted as an authorized officer in the Adim Jati Seva Sahakari Samiti, Morga, Panchayat No. 299, appeared before the police station on 25.10.2025 and submitted a written complaint. In his report, he alleged that during the fertilizer distribution for the year 2025-26, serious irregularities and malpractice were committed by Shri Mahendra Sharma, who was serving as the In-charge Manager of the said Cooperative Society. Based on the said complaint, the Collector, Kawardha, directed an inquiry against Mahendra Sharma involving the officers of the Revenue and Agriculture Departments. Pursuant to the said direction, a four-member joint investigation committee was constituted, comprising the Naib Tehsildar, Podi Uproda, In- charge Senior Rural Development Officer, Podi Uproda, Revenue Inspector; and Rural Agriculture Extension Officer, Morga. The committee conducted an investigation and submitted a report indicating several irregularities committed by Mahendra Sharma. The inquiry revealed manipulation in the fertilizer distribution register and records, showing forged signatures of farmers. It was further found that fertilizer had been distributed in the names of two deceased farmers through fake signatures and sold in the open market. According to the report, a total of 216 bags of fertilizer-comprising 164 bags of urea, 44 bags of DAP, 8 bags of 3 MOP, and others-valued at Rs.2,17,806/- were fraudulently misappropriated. The committee concluded that government property was embezzled and that fraud was committed in the sale and distribution of fertilizer. Based on this report, the office of the Deputy Registrar, Cooperative Societies, instructed registration of offence under Section 316(2) of the B.N.S, which was later added one more Sections 316(5) of the B.N.S. 3. Learned counsel for the applicant submits that the applicant is innocent, has been falsely implicated, and has not committed any offence as alleged. He would submit that applicant has no criminal antecedents and has never been involved in any criminal case and the applicant is serving as Manager of Adim Jati Seva Sahakari Samiti, Morga, and his role is purely supervisory; the actual fertilizer distribution is carried out by authorized salesmen following prescribed departmental procedures, fertilizer distribution is fully computerized, Aadhaar-linked, and biometric- based; manual manipulation or unauthorized alteration by the applicant is not possible. He would submit that there is no requirement of obtaining farmers’ signatures, as distribution is completed after biometric verification; hence, no forgery of public records is made out, no embezzlement of funds or government property has occurred, as fertilizers are provided on agricultural loan and recovery is made automatically from farmers’ accounts at the time of crop sale. He would submit that allegations regarding distribution in the names of deceased persons are 4 misconceived, as the accounts were joint accounts and fertilizer was issued after biometric verification of the surviving joint holder; any signature discrepancy is not attributable to the applicant and there is no material to show criminal breach of trust, misappropriation, or dishonest intention on the part of the applicant; the allegations are based on assumptions without documentary proof. He would submit that applicant is a permanent resident of address mentioned in the cause title, is not likely to abscond or tamper with evidence, and undertakes to abide by any condition imposed by this Court, 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 prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, further the fact that the allegations against the applicant arise out of his official duties as Manager of the Cooperative Society and are based primarily on documentary records and also considering the fact that investigation and trial are likely to take some time, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 5 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mahendra Sharma, 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) 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri