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2026 DAILYLAW 26402 (CHH)

KUSH SINGH KSHATRIYA v. STATE OF CHHATTISGARH

MCRCA/856/2026 · 2026-07-08

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Judgment text

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1 CGHC010218922026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 856 of 2026 Kush Singh Kshatriya S/o Omkar Singh Aged About 43 Years R/o Village Lacchanpur P.S. Baradwar District Janjgir Champa C.G. ... Applicant Versus State Of Chhattisgarh Through- Station House Officer, Police Station Baradawar District Sakti C.G. As Per Impugned Order State Of Chhattisgarh Through District Magistrate District Sakti C.G. ... Respondent(s) For Applicant : Mr. Sourabh Sharma, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant, who is apprehending his arrest in connection with Crime No.144/2026 registered at Police Station – Baradwar, Sakti SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.13 11:24:07 +0530 2 (C.G.) for the offence punishable under Sections 316 (5) of BNS and Section 61 (2) of BNS. 2. That, as per the prosecution story, in brief, the complainant, Ravidhar Diwan, Branch Manager, District Co-operative Central Bank Maryadit, Bilaspur, Branch Baradwar, submitted a written complaint based on Memo dated 30.04.2026 issued by the Office of the Deputy Registrar, Co-operative Society, District Janjgir- Champa. It was alleged that at Seva Sehkari Samiti Maryadit, Kadari, Registration No. 663, Paddy Purchase Centre No. 5, Kadari, for the Kharif Marketing Season 2025-26, a shortage of 1,902.20 quintals of paddy, valued at Rs. 58,96,520/-, was found. It was further alleged that there was a shortage of 2,679 gunny bags, valued at Rs. 78,714/-, as detected during an enquiry conducted by the team constituted by the Collector (Food). Thus, an alleged embezzlement amounting to Rs. 59,75,234/- was reported. It was further alleged that, under the Paddy Procurement Policy for the year 2025-26, the In-charge of the Paddy Purchase Centre and the Computer Operator were responsible for the procurement of paddy. Accordingly, an FIR was registered against them for offences punishable under Sections 316(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The applicant herein is the Computer Operator. A copy of the FIR is annexed herewith as Annexure A-1. Hence, this application. 3 3. Learned counsel for the Applicant submits that the applicant is innocent and has been falsely implicated. The allegations against him are false, baseless, and unsupported by any material. The applicant has been working as a Data Entry Operator since 14.09.2007 with an unblemished service record. His duties were confined to data entry based on records duly verified by the competent authority, and he had no role in the physical verification or maintenance of stock. He submits that the applicant submitted his clarification to the competent authorities along with supporting documents establishing the limited nature of his duties. The essential ingredients of Sections 316(5) and 61(2) of the BNS are not attracted against the applicant, as there is no material to show his involvement in the alleged offence. He further submits that the applicant has no previous criminal antecedents, charge-sheet has not been filed, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State Counsel opposes the grant of anticipatory bail to the Applicant. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the material available on record, trial and investigation is likely to take some more time, nature of allegations levelled against the applicant, without further commenting anything on the merits of the case, 4 this Court is of the considered opinion that the 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 – Kush Singh Kshatriya, 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) The Applicant/s 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/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Saurabh