1 2026:CGHC:9100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 203 of 2026 • Wyasnarayan Thakur S/o Late Binjhwar Singh Aged About 53 Years R/o Jungera, Police Station And District Balod, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through The S H O P.S. Gurur, District Balod, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent/State : Mr. Priyank Rathi, Government Advocate Hon’ble Mr. Justice Ramesh Sinha, Chief Justice Order on Board 20/02/2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.247/2025 registered at Police Station – Gurur, District – Balod (C.G.) for the offence punishable under Sections 316(5) of Bhartiya Nyay Sanhita (for short ‘BNS’), 2023. 2. The prosecution story, in brief, is that the Gurur Police Station has registered a case against the present applicant Section 316 (5) of the BNS, that the applicant is currently posted as a Senior Assistant at the Chhattisgarh State Cooperative Marketing Federation Maryada District Office, Balod, in-charge of the Paddy Collection Center, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.20 18:48:05 +0530 2 Dhobanpuri. the applicant learned through newspapers today that the Marketing Officer on behalf of the government has registered a case number 247/2025 at the Gurur Police Station under Section 316 (5) of the BNS, alleging a loss to the government by misappropriating a paddy amount of ₹4,38,14,638.60 (in literal terms, four crore thirty-eight lakh fourteen thousand six hundred thirty-eight rupees sixty paise) in the above matter concerned police station has registered the Crime No.247/2025 registered in police station Gurur, Distict - Balod(C.G.) for an alleged offence punishable under Sections 316(5)of BNS, 2023 "correspondence section in IPC is 409". Hence this anticipatory bail application. 3. It is respectfully submitted on behalf of the applicant that the applicant is innocent and has been falsely implicated in the present case. The applicant has no criminal antecedents and bears a clean record. It is also contended that during the procurement year 2024– 25, the applicant was entrusted with the responsibility of collecting paddy purchased by the Government from farmers at the Minimum Support Price in the village Dhobanpuri area. As per the Government guidelines, the paddy so procured is required to be lifted from the collection centres and transported to rice millers or other designated places within a maximum period of 4–6 months. He also submits that paddy purchased from farmers contains natural moisture, and over a period of time, due to drying, there is a reduction in weight. In this regard, pursuant to the action taken on 12.06.2025 under the chairmanship of the Additional Managing Director, and on the orders issued by the Marketing Federation Headquarters on behalf of the Government of Chhattisgarh, a decision was taken concerning permissible reduction/drying in paddy stock. As per the said 3 decision, if a bag is filled with 40 kilograms of paddy at the time of purchase and remains stored for two months or more, the permissible reduced weight due to drying is 38 kilograms per bag. After transportation of the entire paddy stock for the procurement year 2024–25 by the District Marketing Officer, details regarding reduction/drying in paddy yield across all districts were officially released. In the present case, however, an FIR has been directly registered against the applicant without adhering to the prescribed departmental procedure. It is submitted that as per the directions and orders of the higher authorities, a criminal case can be lodged only if the reduction exceeds 4% and that too after completion of the entire departmental proceedings. In the present matter, as per Annexure, the reduction in paddy is only 2.82%, which is well within the permissible limit. Therefore, the registration of the FIR is contrary to the guidelines issued by the State authorities themselves. Further, there is no allegation of cheating or misappropriation against the applicant and in a similar matter bearing MCRCA No. 114/2026, this Hon’ble Court has already been granted bail to the co-accused. Therefore, applicant is also entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application and submits that in compliance of this Court’s order dated 09.02.2026, Mr. Sunil Tirkey posted as Station House Officer, at Police Station Guru, District – Balod (C.G.) has filed his personal affidavit, in which he stated that the present applicant being posted as the Senior Assistatnt/In-charge of the paddy Procurement Center Dhobanpuri is the guilty of the aforesaid offence. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the 4 materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, submissions made by learned counsel for the parties and from the perusal of the case diary it transpires that applicant has no criminal antecedent and similarly situated person has already been granted anticipatory bail by this Court in MCRCA No.114 of 2026 vide order dated 23.01.2026, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Wyasnarayan Thakur on executing a personal bond with 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 her 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 her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali