Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:12151
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 392 of 2026 • Joidha Ram Sahu S/o Shri Bholaram Sahu Aged About 48 Years R/o Village - Kalmidadar, Police Station - Tendukona, District - Mahasamund Chhattisgarh
... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Tendukona, District Mahasamund Chhattisgarh
... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ansh Lal, Advocate For Respondent(s) : Ms. Anusha Naik, Dy.G.A. Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 13/03/2026
1. This is First Anticipatory bail application filed by the applicant under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.12/2026 registered at Police Station – Tendukona, District – Mahasamund (C.G.) for the offence punishable under Section 316(3) of BNS, 2023. 2. Case of the prosecution, in brief, is that on the basis of a written complaint submitted by the complainant (Shravan Singh Thakur) posted as Branch Manager, District Cooperative Central Bank VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.16 17:42:04 +0530
2 Limited, Raipur, Branch Tendukona, pursuant to the letter dated 27.01.2026 issued by the Office of Deputy Commissioner Cooperative and Deputy Registrar, Cooperative Societies, District-Mahasamund, physical verification of stock was conducted on 26.01.2026 at the Paddy Procurement Centre, Tendukona of Primary Agricultural Credit Cooperative Society Limited, Registration No. 1127. During verification by the Naib Tehsildar, Bagbahara and other officials, against the online record of 1,44,794 katta/sacks of paddy, only 1,42,645 katta/sacks were allegedly found physically available, thereby showing a shortage of 2,149 katta/sacks (859.60 quintals), causing alleged financial loss of Rs. 26,64,760/- at the support price. On the basis of the said complaint, a prima facie offence under Section 316(5) BNS (corresponding Section 409 of the IPC) was registered against the present applicant, who was working as Procurement In-charge, and the matter was taken up for investigation. 3. Learned counsel appearing for the applicant submits that applicant is innocent person and he has falsely been implicated in this case. He further submits that The FIR appears to have been registered in a purely mechanical manner on the basis of the complaint made by the Branch Manager, without conducting any independent or preliminary inquiry to ascertain the actual cause of the alleged discrepancy. Such registration of the FIR, without proper verification of the facts, amounts to an abuse of the process of law. It is further submitted that the alleged shortage of 2,149 katta/sacks has been arrived at merely by comparing the online records with the physical stock counting conducted on a single day. No proper reconciliation of the stock registers, transit entries, stacking variations, clerical or
3 accounting errors, or delay in data updation has been undertaken prior to lodging the FIR.
Therefore, on the basis of such incomplete and unverified data, no criminal liability can legally be fastened upon the applicant, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case,
submissions made by learned counsel for the parties, nature of offence and allegation levelled against the present applicant, take some submission of applicant counsel, as such, I am not inclined to grant anticipatory bail to the applicant, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.
7. Accordingly, this bail application of applicant – Joidha Ram Sahu, involved in Crime No.12/2026 registered at Police Station – Tendukona, District – Mahasamund (C.G.) for the offence punishable under Section 316(3) of BNS, 2023, is rejected at this stage.
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice vaishali