1 2026:CGHC:6838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 199 of 2026 1 - Smt. Geeta Prajapati W/o Rakesh Kumar Prajapati Aged About 36 Years, Occupation-Housewife, 2 - Rakesh Kumar Prajapati S/o Motiram Aged About 38 Years, Occupation- Business, Both are resident of Village-Bachra, Police Station & Tahsil-Podi Bachra, District-Koriya (C.G.) ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station - Baikunthpur, District Koriya (C.G.) ... Respondent For Applicants : Shri D.N. Prajapati, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/02/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.16/2026 registered at Police Station – Baikunthpur, District Koriya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.06 18:28:27 +0530 2 (C.G.) for the offences punishable under Sections 316(2), 3(5) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on the report of the complainant Siraj Ahmad Ansari, Police Station Baikunthpur has registered Crime No. 16/2026 against the applicants/accused Geeta Prajapati and Rakesh Kumar Prajapati under Sections 316(2) and 3(5) of the BNS. The allegations against the applicants/accused are that on 04.12.2025, 105 bags of paddy were found illegally stored in a godown situated beside the shop of applicant/accused Rakesh in village Bachra. Considering the said paddy to be illegally stored, it was seized and thereafter handed over to applicant/accused Geeta on Supurdnama. Subsequently, on 09.01.2026, upon verification at the spot by the Naib Tahsildar, it was found that the 105 bags of paddy handed over to applicant/accused Geeta on Supurdnama were not present in the godown. On this basis, the applicants/accused Geeta Prajapati and Rakesh Kumar Prajapati have been accused of committing criminal breach of trust by selling the seized paddy after obtaining it on Supurdnama under the Mandi Act. 3. Learned counsel for the applicants submits that the applicants are members of a joint family engaged in agricultural activities and are bona fide cultivators of paddy crops. The paddy allegedly seized by the authorities is lawfully owned by the applicants and their family members and was stored on their own property for domestic consumption after sale of surplus produce through the society. The seizure has been made merely on suspicion, without any material to show illegal storage or commission of any offence. The applicants have 3 not committed any criminal breach of trust, and the essential ingredients of the alleged offences are wholly absent. He would submit that the applicants are ready to abide by all the directions and conditions which may be imposed by this Court while granting bail, the applicants are permanent resident of above mentioned address shown in the cause title and there is no likelihood of their absconding or tampering with prosecution witnesses, therefore he prays to enlarge the applicants 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 applicants and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Smt. Geeta Prajapati & Rakesh Kumar Prajapati, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4 dissuade him from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri