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2026 DAILYLAW 12681 (CHH)

KISHAN NISHAD v. STATE OF CHHATTISGARH

MCRCA/408/2026 · 2026-03-16

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Judgment text

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1 2026:CGHC:12771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 408 of 2026 • Kishan Nishad S/o Ramcharan Nishad Aged About 29 Years R/o Village Bhuinyapani, Ps And Tahsil Lailunga, Distt. Raigarh, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through P.S. Lailunga, Distt. Raigarh, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System ) For Applicant(s) : Mr. Ashutosh Mishra, Advocate For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17/03/2026 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.02/2026 registered at Police Station – Lailunga, District: Raigarh, C.G. for the offence punishable under Sections 316(3), 3(5) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 06.01.2025 a report was lodged by the Senior Assistant, District Marketing Officer, Raigarh along with Food Inspector alleging that the applicant has procured VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.18 17:15:43 +0530 2 PDS Bardana (Bags) from Government fair price shops of Village Panchayat keshala and others from Lailunga area. That it has been alleged that 95,198 PDS Bardana were procured from Lailunga area, 51,500 PDS Bardana were procured from the Gharghoda area and 90,475 PDS Bardana were procured from Tamnar area total 2,37,173 Bardana procured however out of which only 1,47,832 Bardana were found in the physical verification and remaining 89,341 Bardana amounting rupees 22,33,525/- were found to be misappropriated. 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case. It is further contended that co-accused persons have preferred anticipatory bail application bearing MCRCA No.207/2026 and MCRCA No.144 of 2026 which were allowed by this court on 09.02.2026 and 29.01.2026 respectively, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that co-accused persons have already enlarged on anticipatory bail by this Court bearing MCRCA No.207/2026 and MCRCA No.144 of 2026 vide order dated 09.02.2026 and 29.01.2026 3 respectively, therefore, I am inclined to grant anticipatory bail to the present applicant 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 – Kishan Nishad 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 their 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 Vaishali