1 CGHC010184582026 2026:CGHC:28543 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4467 of 2026 Rajendra Patel Son Of Gadaram Patel Aged About 35 Years Resident of Village Chakarda, Police Station - Saraipali, District - Mahasamund (C.G.) --- Applicant versus State of Chhattisgarh Through The Station House Officer, Police of Police Station - Saraipali, District - Mahasamund (C.G.) --- Non-Applicant MCRC No. 4777 of 2026 Kartikeshwar Yadav S/o Harishchand Yadav, Aged About 56 Years R/o Village Mundha, Police Station - Saraipali District - Mahasamund (C.G.) ---Applicant Versus State of Chhattisgarh Through Police Station - Saraipali, District - Mahasamund (C.G.) --- Non-Applicant For Applicant (MCRC No. 4467/2026) : Mr. Raghuvendra Pradhan, Advocate. For Applicant (MCRC No. 4777/2026) : Mr. Dhirendra Prasad Mishra, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.10 11:30:12 +0530 2 by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who has been arrested in connection with Crime No. 121/2025 registered at Police Station – Saraipali, District - Mahasamund (C.G.) for the offence punishable under Sections 318(4), 316(5) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 4467/2026) and under Sections 318(4), 315(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 4777/2026). 3. As per the prosecution story, the complainant, Amrit Lal Jagat, appeared before Police Station Saraipali and lodged a written report stating that an investigation team constituted on 16.05.2025 had inquired into the shortage of paddy stock at the Amarkot Procurement Centre of the Primary Agricultural Credit Cooperative Society Limited, Nunpani. According to the investigation report, during the inspection and physical verification of the Amarkot Paddy Procurement Centre, a total of 11,416 bags of paddy were found missing. As per the paddy procurement details for the year 2024–25, dated 06.05.2025, the number of standard gunny bags used in procurement and available in stock was found to be 14,221. The remaining stock weighed 6,470.68 quintals, whereas a shortage of 782.28 quintals was found in the quantity of paddy supplied to the millers and the collection centre. Further, the shortage of 11,416 bags found during physical verification was equivalent to 4,566.40 quintals, calculated on the basis of 40 kilograms per standard bag. Thus, the total shortage of paddy stock was assessed at 5,348.68 quintals. The value of the said shortage was calculated at Rs.3,100 per quintal, amounting to Rs.1,65,80,908/-. According to the statements of the authorized officials and the Procurement Centre In-charge, namely, Shri Kartikeshwar Yadav 3 (Procurement Centre In-charge), Shri Tejram Patel (Gunny Bag In- charge), and Shri Rajendra Patel (Computer Operator), all of them were jointly responsible for the shortage. On the basis of the said report, a First Information Report was registered at Police Station Saraipali against the applicants and the matter was taken up for investigation. 4. In MCRC No. 4467/2026- Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant was working only as a Computer Operator at the Paddy Procurement Centre of the Primary Agricultural Credit Cooperative Society, Noonpani, and was discharging his duties under the directions of his superior authorities. It is further submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed, and the applicant has been in judicial custody since 02.02.2026. Therefore, it is prayed that the applicant be enlarged on bail. 5. In MCRC No. 4777/2026- Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant was Incharge of Paddy Procurement Centre, Amarkot and the paddy was purchased as per the instructions and guidelines framed by the State Government to this effect. It is further submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed, and the applicant has been in judicial custody since 03.04.2026. Therefore, it is prayed that the applicant be enlarged on bail. 6. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has already been filed and also endorse the fact that the 4 applicants have no previous criminal antecedents. He further submits that the present case pertains to the alleged embezzlement of 5,348.68 quintals of paddy, valued at Rs.1,65,80,908/-. In view of the seriousness of the allegations, it is submitted that the applicants are not entitled to be enlarged on bail. 7. I have heard learned counsel appearing for the parties and perused the document available on record. 8. Considering the submissions advanced by learned counsel for the applicants and the material available on record, it appears that, the charge-sheet has been filed, the applicants have no previous criminal antecedents and they are in custody since 02.02.2026 and 03.04.2026, respectively, in these circumstances, this Court is of the view that the applicants have made out a case for grant of bail. 9. Accordingly, the bail application is allowed. Let the Applicant - Rajendra Patel (MCRC No. 4467 of 2026) and Kartikeshwar Yadav (MCRC No.4777 of 2026) involved in Crime No. 121/2025 registered at Police Station – Saraipali, District - Mahasamund (C.G.) for the offence punishable under Sections 318(4), 316(5) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 4467/2026) and under Sections 318(4), 315(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 4777/2026), be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to 5 treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti