1 2026:CGHC:25490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 917 of 2026 Omkar Prasad Patel S/o Bikauram Patel Aged About 61 Years R/o Village- Bhathali, Post Office And Tahsil- Nawagarh, District- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station- Nawagarh, District- Janjgir-Champa (C.G.) ... Respondent For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.06.2026 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.141/2026 registered at Police Station – Nawagarh District- Janjgir - Champa, (C.G.) for the offences punishable under Sections 316(5), 61(2) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.23 11:27:03 +0530 2 2. The prosecution story in brief, that in the session 2025-26, paddy procurement Sub-Centre Kirit (Dhan Kharidi UP-Kendra Kirit) have purchased paddy from the formers but during the course of inspection, 926.68 quintal of paddy and 5525 (1535 new and 3990 old) Bardana have found shortage, whereas govt. has loss a sum of rupees 31,21,551/and as per complaint made by complainant, offence under section 316 (5), 61 (2), 3 (5) of Bhartiya Nyaya Sanhita 2023 has been registered against the present applicant (Manager of Co-operative Society Tulsi) and 2 other accused persons namely Nishikant Patel (Paddy Purchasing In-charge Kirit), Deepak Kumar Kashyap (Hamaal). 3. Learned counsel for the applicant submits that the applicant is innocent, a reputed person, and has been falsely implicated in the present case. It is contended that no prima facie material is available to establish the involvement of the applicant in the alleged offence. The applicant is suffering from kidney-related ailments and is undergoing continuous treatment at Shri Ram Care Hospital, Raipur; therefore, his arrest would cause serious hardship and adversely affect his medical treatment. It is further submitted that the applicant has served sincerely throughout his service career without any previous complaint or criminal antecedent and is due to retire in December, 2026. The applicant was working as the Manager of the Co-operative Society, Tulsi, and was also in charge of the Paddy Procurement Sub-Centre, Kirit, for the procurement season 2025-26. The labourers (Hamaals) engaged at the procurement centre were appointed and supervised by Shri Kishor Kashyap, President/Pradhikrit Adhikari of the concerned procurement centre, and the applicant had repeatedly brought irregularities to the notice of the superior authorities through written 3 complaints. However, no action was taken against the actual persons responsible and the applicant has been falsely implicated to shield the real offenders. It is also submitted that there is an unexplained delay in lodging the FIR, as the procurement period ended on 31.01.2026, the inspection report was prepared in April, 2026, whereas the FIR came to be registered only on 07.05.2026. Learned counsel further submits that the investigation has not been conducted in accordance with the relevant clauses of the governing agreement and that the dispute, in view of the arbitration clause contained therein, is essentially civil in nature. The applicant is neither a beneficiary of the alleged irregularities nor has any direct role in the alleged offence. The offences alleged are triable by the Magistrate, the trial is likely to take considerable time, and custodial interrogation of the applicant is not necessary. The applicant is a permanent resident of Village Bhathali, Tahsil Nawagarh, District Janjgir-Champa (C.G.), has deep roots in society, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to abide by all conditions that may be imposed by this Hon'ble Court while granting anticipatory bail. 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 of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any 4 opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Omkar Prasad Patel, 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. (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