1 2026:CGHC:23076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 733 of 2026 Chandra Kumar Yadav S/o Khema Ram Yadav Aged About 43 Years R/o Village Hathibed, Kolhenjhariya P.S. Tumla, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Tumla, District- Jashpur (C.G.) ... Respondent For Applicant : Mr. Ashutosh Biswas, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.05.2026 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. 01/2026 registered at Police Station – Tumla, District - Jashpur (C.G.) for the offences punishable under Sections 318(4), 320, 336, 338 & 61 of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.05.15 18:32:32 +0530 2 2. As per the prosecution case, during the Kharif Marketing Year 2024– 25, paddy was procured at the support price through Aadim Jati Sewa Sahakari Samiti Maryadit, Konpara, Registration No. 128, on behalf of the Chhattisgarh State Cooperative Marketing Federation. It is alleged that the main accused persons, namely the Authorized Officer, Committee Manager, Phad Prabhari, Computer Operator and one Assistant Phad Prabhari, committed serious irregularities in the procurement process, resulting in a shortage of 20,586.88 quintals of paddy and causing a loss of approximately Rs. 6,55,26,979.40 to the State exchequer. The present applicant has been implicated solely on the allegation that he was working as “Sahavak Phad Prabhari” at the concerned procurement centre. However, according to the prosecution record, no formal order of appointment, posting or entrustment of duty as Assistant Phad Prabhari has been placed on record. It is further submitted that the charge-sheet in Crime No. 0001/2026 was filed on 02.04.2026 only against two co-accused persons, namely Shishupal Yadav (Phad Prabhari) and Jayprakash Sahu (Committee Manager), and no specific material has been brought on record to establish any direct role of the applicant in the alleged procurement irregularities or to attribute any part of the alleged shortage of paddy to him. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no role whatsoever in the alleged procurement irregularities. It is submitted that the entire evidence in the case is documentary in nature, consisting of procurement registers, stock registers, computer-generated statements and inspection reports, all of which are already in the custody of the 3 prosecution and the concerned cooperative institutions; therefore, custodial interrogation of the applicant is not required and his detention would serve no useful purpose. It is further submitted that the applicant was never formally appointed or designated as Assistant Phad Prabhari by the Aadim Jati Sewa Sahakari Samiti Maryadit, Konpara, nor did he ever assume or discharge any such duties. No document evidencing his appointment, posting, or entrustment of any responsibility as Assistant Phad Prabhari has been placed on record. Mere mention of his name as “Sahayak Phad Prabhari” in the FIR or in certain internal notings, without any supporting order of appointment, is wholly insufficient to fasten criminal liability upon him. Learned counsel further submits that the applicant bona fide apprehends his arrest in connection with Crime No. 0001/2026 and seeks protection under Section 482 of the BNSS to enable him to cooperate with the investigation without fear of unjustified incarceration. It is also submitted that the co-accused, namely Bhuneshwar Sai, has been granted protection by the Hon’ble Supreme Court of India in SLP (Crl.) No. 5924/2026 arising out of MCRCA No. 268/2026 vide order dated 13.05.2026, directing that no coercive steps be taken against him subject to his cooperation in the investigation. It is further submitted that another co-accused, Jaiprakash Sahu, has already been granted bail by this Court in MCRC No. 2691/2026. Counsel for the applicant submits that the applicant has no criminal antecedents, is a permanent resident of District Jashpur, has deep roots in society, and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing witnesses. The applicant is ready and willing to 4 cooperate with the investigation and to abide by any condition that may be imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the allegations, and the material available in the case diary, and further taking into consideration the fact that co-accused Bhuneshwar Sai has been granted protection by the Hon’ble Supreme Court of India in SLP (Crl.) No. 5924/2026, arising out of MCRCA No. 268/2026, vide order dated 13.05.2026, and another co-accused, namely Jaiprakash Sahu, has already been granted regular bail by this Court in MCRC No. 2691 of 2026 vide order dated 28.04.2026, without commenting upon the merits of the case, this Court is of the considered opinion that the present applicant is entitled to the benefit of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Chandra Kumar Yadav, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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. 5 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav