1 CGHC010214222026 2026:CGHC:29140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 864 of 2026 Pawan Kumar Dewangan S/o- Saraju Ram Dewangan Aged About 48 Years R/o- House No. 326, Bhatapara Ward No. 10, Khauna, P.S. Dharsiva, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - P.S. Dharsiva, District- Raipur (C.G.) ... Non-Applicant For Applicant : Shri Leekesh Kumar, Advocate. For Non-Applicant : Shri Jitendra Shrivastava, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/07/2026 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.242/2026 registered at Police Station – Dharsiva, District Raipur (C.G.) for the offence punishable under Section 316 (5) & 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.13 12:30:57 +0530 2 2. The prosecution story, in brief, is that during the period 15.11.2025 and 06.02.2026 in Kharif Marketing Season 2025-26, the Applicant, while posted as Committee In-charge (Samiti Prabhari) at Påddy Procurement Centre, Khauna, in active connivance and common intention with co-accused persons under Section 3(5) of the BNS, committed criminal breach of trust. It is alleged that an administrative audit and physical verification detected a technical shortage of 229.60 Quintals of paddy (valued at Rs.7,11,760/-) and a deficit of 574 gunny bags (valued at Rs.57,400/-). Furthermore, the operational staff allegedly inflated labor/Hamali charges to Rs.15/- per quintal against the approved rate of Rs.10.50/-, causing an additional loss of Rs.2,19,717/-. Thus, the prosecution alleges that the Applicant criminally misappropriated public stock and state funds totaling Rs.9,88,877/-. Thereafter the FIR was lodged. 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. He further submits that entire case of prosecution fails to satisfy the essential ingredients of Section 316 (5) of the BNS. Out of massive procurement of 48,826 quintals of paddy from farmers, a volume of 48,576.40 quintals was successfully issued and transported to the millers under valid delivery orders. The remaining marginal discrepancy of 229.60 quintals is a highly common and globally accepted variance in open-air agricultural stockyards. During the preliminary fact-finding inquiry conducted 3 by the department, the operational labour staff, including custom labourers stated in their statements that while loading paddy bags into the trucks of the respective millers, they properly executed excess loading beyond the baseline scale to balance weight issues. The dispatch of extra weight per bag executed by the yard staff was completely transparent and was duly recorded in the outward register maintained at the procurement centre. No joint or standard physical verification of the stock was conducted by the higher authorities during the operation of the centre. The malice of the management is evident from the fact that the applicant was suspended and subsequently dismissed within 24 hours of submitting his preliminary explanation, without conducting domestic inquiry. The entire case of the prosecution rests completely on documentary records such as online portal, ledger entries, verification reports etc. As such, custodial interrogation of the applicant is not required. Therefore the applicant may be released on bail. 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 taken on record. 6. Considering the facts and circumstances of the case and the allegations levelled against the applicant and without commenting anything on the merits of the case, this Court is inclined to extend 4 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 – Pawan Kumar Dewangan, 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