1 CGHC010238112026 2026:CGHC:31553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5873 of 2026 Rajkumar Patel S/o Reshamlal Patel Aged About 42 Years R/o Village- Barekel, Police Station Basna, District- Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station, Basna, District- Mahasamund (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant : Mr. Jitendra Shrivastava, Government Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/07/2026 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 0163/2024 registered at Police Station Basna, District- Mahasamund (C.G.) for the offence punishable under Sections 420, 409 and 34 of IPC. 2. As per the prosecution case, during the procurement season from 01.11.2020 to 30.01.2021, paddy was purchased by the Primary Krishi Sakha Sahkari Samiti Maryadit, Pirda, wherein shortage of paddy was detected during departmental verification. Pursuant KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 thereto, an enquiry committee was constituted, which submitted its report holding that the shortage had occurred on account of lack of supervision by the present applicant, who was working as a Salesman, along with other employees engaged in procurement of paddy. Thereafter, a newly appointed Prescribed Officer of the Society filed an application under Section 156(3) Cr.P.C., on the basis of which, in compliance of the order passed by the learned Judicial Magistrate First Class, Police Station Basna, District Mahasamund registered Crime No.163/2024 against seven accused persons, including the present applicant, for the offences punishable under Sections 420, 409 and 34 of the Indian Penal Code. It is alleged that the present case pertains to the embezzlement of approximately Rs.4,45,00,000/- relating to paddy procurement. The applicant was arrested on 08.06.2026 and, till date, additional charge-sheet has not been filed and the investigation is still in progress. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that there are no specific allegations attributing any overt act to the applicant and his implication is only on the basis of vague allegations. Learned counsel further submits that the applicant was merely working as a Salesman in the Society and his duties were confined to sale and procurement of paddy, whereas the entire procurement process was supervised by the Society Manager, Cooperative Inspector, Nodal Officer and Food Officer. It is further submitted that though the crime was registered in the year 2024, 3 the investigating agency did not make any serious effort to arrest the applicant for a considerable period. It is submitted that the applicant had approached this Court by filing an application for anticipatory bail, which came to be rejected and thereafter he was arrested on 08.06.2026. Learned counsel further submits that the investigation qua the applicant has substantially progressed, however, even after his arrest, no additional charge-sheet has been filed. It is also submitted that similarly situated co-accused persons have already been granted the benefit of bail, namely Shivnath Patel, who has been granted regular bail by this Court in M.Cr.C. No.8065/2025 vide order dated 04.11.2025, and Smt. Pallavi Meshram, who has been granted anticipatory bail by this Court in M.Cr.C.(A) No.433/2024 vide order dated 01.05.2024. On the ground of parity, learned counsel prays that the applicant also deserves to be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant has been specifically named in the FIR and is one of the principal accused persons in a serious case involving embezzlement of approximately Rs.4,45,00,000/-. It is further submitted that the applicant remained absconding since 27.03.2024 and could be arrested only on 08.06.2026, which itself reflects his conduct. Learned State counsel submits that the investigation is still in progress and additional charge-sheet has not yet been filed. It is further submitted that although co-accused Smt. Pallavi Meshram has been granted anticipatory bail in M.Cr.C.(A) No.433/2024 vide order dated 4 01.05.2024 and co-accused Shivnath Patel has been granted regular bail in M.Cr.C. No.8065/2025 vide order dated 04.11.2025, the case of the present applicant is clearly distinguishable inasmuch as he remained absconding for more than two years and his role is materially different. It is further submitted that if the applicant is released on bail at this stage, there is every likelihood that he may influence prosecution witnesses, hamper the ongoing investigation and adversely affect the fair conduct of the trial. Accordingly, it is prayed that the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. From perusal of the record, it appears that the present case relates to an alleged embezzlement of approximately Rs.4,45,00,000/- in connection with procurement of paddy by the concerned Cooperative Society. The enquiry report prima facie attributes lack of supervision and financial irregularities to the applicant and other accused persons. It further appears that though the crime was registered in the year 2024, the applicant remained absconded and was arrested only on 08.06.2026. The investigation is still continuing and additional charge-sheet has not yet been filed, indicating that the investigation has not attained finality. Though one co-accused person has been granted anticipatory bail and one granted regular bail by this Court, the circumstances attending the case of the present applicant are prima facie distinguishable. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations, the magnitude of the 5 alleged embezzlement of approximately Rs.4,45,00,000/-, the specific role attributed to the applicant in the enquiry report, the fact that the applicant remained absconding for a considerable period before his arrest on 08.06.2026, the fact that the investigation is still in progress and additional charge-sheet has not yet been filed and further considering that the case of the applicant is distinguishable from that of the co-accused who have already been granted anticipatory bail and regular bail, this Court is not inclined to extend the benefit of bail to the present applicant. 8. Accordingly, the bail application of applicant – Rajkumar Patel, involved in Crime No. 0163/2024 registered at Police Station Basna, District- Mahasamund (C.G.) for the offence punishable under Sections 420, 409 and 34 of IPC., is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal