Extracted from the PDF above. The PDF is authoritative.
1
CGHC010262522026
2026:CGHC:31223
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No. 1130 of 2026 1 - Gangadas Manikpuri S/o Vishramdas Manikpuri Aged About 49 Years Occupation Society Manager, Sewa Sahakari Samiti Maryadit, Biranpur Registration No.220, Branch Sahaspur Lohara, R/o Village Budhwara, Police Station Sahaspur Lohara, District- Kabirdham (C.G.) 2 - Mahaveer Sahu S/o Ravishankar Sahu Aged About 28 Years Occupation Computer Operator, Paddy Procurement Center, Sewa Sahakari Samiti, Biranpur, R/o Village Sahaspur Lohara, Police Station Sahaspur Lohara, District- Kabirdham (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Sahaspur, Lohara, District- Kabirdham (C.G.)
... Non-Applicant For Applicants : Mr.
Chandrikaditya
Pandey, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.22 17:58:33 +0530
2 22.07.2026
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicants who are apprehending their arrest in connection with Crime No.81/2026 registered at Police Station – Sahaspur Lohara, District Kabirdham (C.G.) for the offences punishable under Sections 316(5), 318(4) and 3(5) of BNS.
2. As per the prosecution case, on the basis of a written complaint dated 24.06.2026 submitted by Santosh Kumar Gandharv, Manager, District Cooperative Central Bank Ltd., Rajnandgaon, Sahaspur Lohara Branch, the present FIR was registered alleging that during a joint inspection conducted on 18.06.2026 by the officials of the Food Department, Cooperative Department and District Cooperative Central Bank at the Paddy Procurement Centre, Biranpur Kala, it was found that the weighment slips bore only the signatures of the concerned farmers and not those of the Procurement In- charge, Yard In-charge or Weighmen. It is further alleged that though the online committee module reflected a balance stock of 1032.36 quintals of paddy, no paddy was found during physical verification and 5777 empty gunny bags were also found missing, resulting in a loss of Rs.33,44,741/- to the
3 State exchequer. It is alleged that Applicant No.1, being the then Committee Manager-cum-Procurement In-charge, in connivance with Applicant No.2, the then Computer Operator, misappropriated the said paddy and gunny bags in violation of the Paddy Procurement Policy, 2025-26, whereupon the present crime was registered against them. Hence, this application.
3.
Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. It is contended that the alleged shortage is attributable to natural weight loss caused by reduction of moisture content and delayed lifting of paddy by the Marketing Federation, contrary to the Paddy Procurement Policy, 2025-26, which mandates transportation of paddy within 72 hours. It is further submitted that the permissible margin for weight loss has not been taken into consideration and that the paddy remained stored in the open for a prolonged period, resulting in natural shrinkage. It is argued that the procurement process is governed by a tripartite agreement executed between the Cooperative Society, the District Cooperative Central Bank and the Chhattisgarh State Marketing Federation, which provides for recovery of any shortage in accordance with the contractual terms and for
4 resolution of disputes by the Collector through arbitration. It is, therefore, submitted that the present dispute is contractual and civil in nature and that the ingredients of the alleged offences are not attracted. It is further submitted that the entire case rests on documentary evidence already in the possession of the prosecution, custodial interrogation of the Applicants is not required, the Applicants have cooperated with the investigation and there is no likelihood of their absconding or tampering with the evidence. It is further submitted that Applicant No.1-Gangadas Manikpuri has already been granted anticipatory bail in another crime number vide order dated 20.07.2026 passed in M.Cr.C(A) No.1138/2026 and conclusion of the trial is likely to take considerable time and therefore, the Applicants may be granted anticipatory bail.
4. On the other hand, learned State Counsel opposes the application and submits that Applicant No.1 is the main accused and is involved in three other criminal cases of a similar nature pertaining to different Cooperative Societies arising out of the same procurement season.
5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the entire case is based on
5 documentary evidence, custodial interrogation of the Applicants does not appear to be necessary, the fact that Applicant No.1-Gangadas Manikpuri has already been granted the benefit of anticipatory bail in another crime vide
order dated 20.07.2026 passed in M.Cr.C.(A) No.1138/2026, the trial is likely to take considerable time for its conclusion, and without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application.
6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicants – Gangadas Manikpuri and Mahaveer Sahu, on executing a personal bond with one surety each 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/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
6 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 Priya