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2026 DAILYLAW 25500 (CHH)

VEDPRAKASH SAHU v. STATE OF CHHATTISGARH

MCRCA/1047/2026 · 2026-07-07

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Judgment text

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1 CGHC010257592026 2026:CGHC:28254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1047 of 2026 Vedprakash Sahu S/o Hamir Das Sahu Aged About 43 Years R/o 108, Pendri, Rajnandgaon, Tehsil And District - Rajnandgaon, Chhattisgarh (Particulars Of The Applicant Are Mentioned Correctly) ... Applicant versus State Of Chhattisgarh Through - Police Chowki Mohara, Police Station - Dongargarh, District - Rajnandgaon, Chhattisgarh. (Details Of Police Station Is Wrongly Mentioned In The Order Impugned) ... Non-Applicant For Applicant : Shri Anmol Sharma, Advocate. For Non-Applicant : Shri Sumit Singh, Deputy AG. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.268/2026 at Police Station – Police Chowki Mohara, PS Dongargarh, District – Rajnandgaon (C.G.) for the offence KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.09 18:53:06 +0530 2 punishable under Section 318 (4), 316 (5) & 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that complainant, Dron Kumar Kamde, Assistant Food Officer, Dongargarh, lodged a written complaint alleging large-scale embezzlement and fraud in the procurement and delivery of paddy during the Kharif Marketing Season 2025–26 at the Mohara Cooperative Society. It is alleged that the Society Manager, Santosh Verma, Computer Operator Ved Prakash Sahu (the present applicant), and an unauthorized paddy purchaser, Raju Verma, in conspiracy with each other, violated the Custom Milling Policy, 2025–26 by misappropriating government paddy. Although a total of 1,12,831.60 quintals of paddy was shown as procured online, only 1,11,835.92 quintals were actually delivered to rice millers and storage centres, while the remaining 995.68 quintals were falsely shown as "dryage (shrinkage)," causing a wrongful loss of approximately ₹30,86,608/- to the Government. It is further alleged that the paddy was illegally sold without valid documents or delivery orders in violation of Clause 9.2 of the Custom Milling Policy. During investigation, the statement of the complainant was recorded and co-accused Yashwant Verma @ Raju Verma, in his memorandum statement, disclosed that on the instructions of Society Manager Santosh Verma, he had arranged a vehicle to transport the paddy from the Society premises to his house, where about 160 bags of paddy were found. Acting upon his 3 disclosure, the police recovered and seized 160 bags of paddy from his house. The present applicant, who was working as the Computer Operator of the Cooperative Society, is alleged to have manipulated the procurement data and facilitated the illegal diversion and sale of the government paddy in furtherance of the common intention of the co-accused. The investigation revealed sufficient material against the applicant, while the other co- accused, Santosh Verma and Ved Prakash Sahu, are stated to be absconding. Accordingly, Crime No. 268/2026 was registered at Mohara Police Outpost, Police Station Dongargarh, for offences punishable under Sections 318(4), 316(5), and 3(5) of the BNS. The prosecution contends that the applicant actively participated in the conspiracy to misappropriate government paddy and cause substantial financial loss to the State. Hence the bail application. 3. Learned counsel for the Applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no previous criminal antecedents. It is contended that the applicant has been serving as a Computer Operator since 2008 with an unblemished service record and that he has been made a scapegoat to recover the alleged loss caused to the Government, despite having no role in the alleged misappropriation. It is further submitted that the duties of the applicant, being a Computer Operator, were confined only to making entries, maintaining records, and uploading data as per the directions and reports furnished by the senior officials. He had no role in the 4 procurement, storage, or delivery of paddy to rice millers. It is also contended that there is no direct or documentary evidence connecting the applicant with the alleged offence, nor has he derived any benefit from the alleged misappropriated amount. It is submitted that during the relevant period he was transferred from the Mohara Society and was subsequently posted elsewhere, and even the Divisional Commissioner, by communication dated 15.05.2026, recorded that the applicant had no role in the alleged incident. It is also pointed out that the memorandum statement of co-accused Raju Verma names only the Society Manager and does not implicate the present applicant. Lastly, it is argued that the investigating agency failed to comply with the provisions relating to issuance of notice before taking coercive action and that the applicant was never afforded an opportunity to explain his position during the preliminary inquiry. Therefore, the anticipatory bail application may be allowed. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents annexed therewith. 6. Considering the facts and circumstances of the case, and the fact that the applicant was working as Computer Operator and at the relevant point of time the applicant was not posted and the role attributed to the present applicant, this Court is inclined to extend 5 the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vedprakash Sahu, 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) He should 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 should not act in any manner which will be prejudicial to fair and expeditious trial. (c) he should 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 sureties 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) He should not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve