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2026 DAILYLAW 13022 (CHH)

TEJ RAM SHRIWAS v. THE STATE OF CHHATTISGARH

MCRCA/187/2026 · 2026-02-04

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Judgment text

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1 2026:CGHC:6609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 187 of 2026 Tej Ram Shriwas S/o Late Shri Vishram Aged About 62 Years R/o Village Ghonch, Thana Tendukona, Tahsil Pithoura, District Mahasamund, Chhattisgarh. ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Tendukona, District Mahasamund, Chhattisgarh. ... Respondent For Applicant : Shri Sumit Shrivastava, Advocate. For Respondent/State : Shri Priyank Rathi, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/02/2026 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.09/2026 registered at Police Station – Tendukona, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.06 16:08:57 +0530 2 Distt.-Mahasamund (C.G.) for the offence punishable under Section 318 (4) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 15.01.2026 the Collector and other officers conducted surprise inspection of the paddy procurement center Ghonch of Prathmik Krishi Shakha Sahkari Samiti Maryadit Society registration no. 1052 and as per the report of the Tahsildar 540 Quintal paddy was found to be in excess when verified from the online records. It is alleged that there is a direction for purchase of 40.700 kg per sack but it has been bought 40.900 kg and 41.280 kg per sack from the agriculturists which is in excess of the prescribed limit and low quality paddy has been purchased due to which loss has been caused to the agriculturists. So on the basis of the said report the FIR was registered against the applicant and thana police sought to arrest the applicant who is the In-charge of the paddy procurement center Ghonch. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated merely because he is the In-charge of the Primary Cooperative Society, whereas he had no active role in weighing or procurement of paddy, which is carried out in the presence of agriculturists by society employees. No complaint has been made by any farmer regarding excess paddy. During inspection, authorities weighed only 2–3 bags and arbitrarily applied the same to the entire stock, resulting in an alleged 3 excess which, at best, reflects minor human error in a large-scale operation. He would submit that no proper enquiry regarding financial loss or direct involvement of the applicant was conducted prior to lodging the FIR. The alleged discrepancy arose solely due to random weighing and not due to any mismatch in the number of bags. Delay in online entries occurred due to server issues. He would submit that the applicant is 62-year-old person suffering from multiple ailments. He would submit that the applicant is ready to abide by all the directions and conditions which may be imposed by this Court while granting bail, the applicant is permanent resident of above mentioned address shown in the cause title and there is no likelihood of his absconding or tampering with prosecution witnesses, therefore he prays to enlarge the applicant 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 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 nature of allegation levelled against the applicant and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Tej Ram Shriwas, 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