1 MCRCA No. 1138 of 2026 CGHC010262972026 2026:CGHC:30675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1138 of 2026 1 - Gangadas Manikpuri S/o Vishramdas Manikpuri, Aged About 49 Years, Occupation - Society Manager, Sewa Sahakari Samiti Maryadit, Sahaspur Lohara, Registration No. 1692, Branch Sahaspur Lohara, R/o Village - Budhwara, Police Station Sahaspur Lohara, District Kabirdham, Chhattisgarh. 2 - Tukaram Sahu S/o Rishiram Sahu Aged About 32 Years, Occupation - Paddy Purchase In-Charge, Paddy Procurement Center, Basinjhori, Sewa Sahakari Samiti, Sahaspur Lohara, R/o Village Basinjhori, Police Station And Tahsil - Sahaspur Lohara, District - Kabirdham Chhattisgarh. 3 - Peeluram Patel S/o Bihari Patel, Aged About 36 Years, Occupation Computer Operator, Paddy Procurement Center, Basinjhori, Sewa Sahakari Samiti, Sahaspur Lohara, R/o Village Majgaon, Police Station Sahaspur Lohara, District Kabirdham Chhattisgarh. --- Applicants versus 1 - State of Chhattisgarh, Through Station House Officer, Police Station Sahaspur Lohara, District Kabirdham, Chhattisgarh. --- Respondent ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MCRCA No. 1138 of 2026 For Applicants :- Mr. Chandrikaditya Pandey, Advocate. For State :- Mr. S.S. Baghel, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 80/2026 registered at Police Station Sahaspur Lohara, District - Kabirdham, (C.G.) for the offence punishable under Sections 316(5), 318(4) and 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief is that on 24.06.2026, the complainant, Manager of the District Cooperative Bank Limited namely Santosh Kumar Gandharv preferred a written complaint application before the Station House Officer alleging inter alia that a joint team comprising the Food Department, the Cooperation Department, and the District Central Cooperative Bank conducted an inspection of the Basinjhori Paddy Procurement Centre, Development Block Sahaspur Lohara, on 18.06.2026 and the inspection report was prepared. It is alleged as per report that during the inspection at Sahaspur Lohara, it was found that the weight 3 MCRCA No. 1138 of 2026 slips bore only the signatures of the concerned farmers, while the signatures of the procurement In-charge, Center In- charge and the Weighers were conspicuously absent. It is further alleged that as per the online report of the Society Module dated 18.06.2026, against the closing stock of 585.98 Quintals of paddy shown at the procurement centre, the physical verification revealed the stock to be totally nil. Consequently, the value of the paddy found short amounts to Rs. 18,16,538/-. Furthermore, during the physical verification of the procurement centre, against the balance of empty gunny bags i.e. 4,130 units displayed in the Society Module, the physical verification revealed the same to be totally nil. At the rate of Rs. 25 per unit, the total value of this shortage amounts to Rs. 1,03,250/-. Thus, through the misappropriation of paddy and old/empty gunny bags at the Basinjhori Procurement Centre, a total financial loss of Rs. 19,19,788/- has been caused to the Government. No written information regarding the shortage found during physical verification was ever provided to the competent authorities by the Procurement In-charge. It is further alleged in the written complaint that the Society Manager-cum-Paddy Procurement In-charge, the Center (Fad) In-charge; and the then Computer Operator, have clearly violated Clauses 15.9 and 17.1 of the Paddy Procurement Policy 2025-26, as well 4 MCRCA No. 1138 of 2026 as the terms of the contract and the Government's directives, by misappropriating 585.98 Quintals of paddy and 4,130 empty gunny bags, thereby causing a financial loss of Rs. 19,19,788/- to the Government. On the basis of the aforesaid written complaint, the police of Police Station Sahaspur Lohara registered the first information report bearing Crime No. 80/2026 for the offence punishable under Sections 3(5), 316(5) and 318(4) of Bharatiya Nyaya Sanhita, 2023 on 24.06.2026 against the applicants herein and investigation was initiated. Charge-sheet has not been filed and matter is being investigated by the police of Police Station Sahaspur Lohara, District Kabirdham (C.G.). Hence, the present anticipatory bail application. 3. Learned counsel for the applicants submits that the applicant has not committed any offence as alleged and has been falsely implicated crime in question only on the basis of complaint. It is contended that as per the Paddy Purchase Policy Year 2025-26, it is clearly mentioned that the paddy will be transported within a period of 72 hours and the entire transportation will be completed up to 31.03.2026, but the same were never followed by the Federation and, therefore, the weight loss occurred to the paddy. It is further contended that applicants are the sole breadwinners of their families. Applicant No.1 is 49 years old Society Manager with a family, 5 MCRCA No. 1138 of 2026 including minor children, dependent upon him, though whereas applicant No.1 has been implicated in three cases he is not a flight risk and is willing to abide by any conditions may deem fit to be imposed by the Court. Applicants No.2 & 3 are also permanent residents of the village and are employed at a local cooperative society and they have no criminal antecedents except the present FIR. Hence, it is prayed that the applicant be granted anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non-applicant/State, opposes the submission made by the learned counsel for the applicants and submits that the present applicants are directly implicated in the commission of the offence, as on the basis of complaint shortage of Paddy has been found and by committing the aforesaid crime they attracted the relevant penal provisions. Hence, considering the seriousness of the offence and the material available on record, the applicants are not entitled to the discretionary relief and the application for grant of anticipatory bail deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations and the material available on record, it 6 MCRCA No. 1138 of 2026 appears as per the Paddy Purchase Policy Year 2025-26, it is clearly mentioned that the paddy will be transported within a period of 72 hours and the entire transportation will be completed up to 31.03.2026, but the same were never followed by the Federation and, therefore, the weight loss occurred to the paddy. Furthermore, there is no material on record to prima facie establish their conscious involvement in the crime in question. Moreover, the applicants No.2 & 3 have no previous criminal antecedents, except the applicant No.1 who has been implicated in three case, however, considering the age of applicant No.1, who is sole earner of his family, upon minor children dependent, this Court is of the considered opinion that the applicants deserve to be enlarged on anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Gangadas Manikpuri, Tukaram Sahu & Peeluram Patel on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they 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 from disclosing such fact to the Court. 7 MCRCA No. 1138 of 2026 (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 by the said Court till disposal of the trial. (d) The applicant(s) and the surety shall submit a copy of his aadhaar 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) The applicant(s) shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Ankit