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2026 DAILYLAW 5705 (CHH)

BUDDHIWANT PRADHAN v. STATE OF CHHATTISGARH

MCRC/949/2026 · 2026-03-10

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Judgment text

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1 2026:CGHC:11739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 949 of 2026 • Buddhiwant Pradhan S/o Lingraj Pradhan Aged About 37 Years R/o Vill- Koilbahal Post- Pandaripani Ps Singhoda District- Mahasamund Chhattisgarh, ... Applicant(s) versus • State Of Chhattisgarh Through- Police Station - Singhoda District- Mahasamund (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Manoj Kumar Parajnpe, Senior Advocate with Mr. Sabyasanchi Bhaduri, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 94/2025, registered at Police Station – Singhoda, District – Mahasamund (C.G.) for the offence punishable under Sections 318(3), 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant has lodged the complaint alleging Mal practices and misappropriation of the paddy. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.12 16:55:06 +0530 2 It has been alleged that, the enquiry was conducted by Tehsildar Saraipali, Food Inspector Saraipali and Supervisor and in the said enquiry it was found that, in Kharif year 2024-25 the paddy was lifted and was loaded in the truck bearing CG06HB4361 for Bholenath Industries Chhuipali. It has been alleged that out of 875 gunny bags of paddy for which DO and DM was issued in the name of Bholenath Industries, only 500 gunny bags were loaded on truck. It appears that, the delivery memo of 875 bags were issued, whereas on due verification it was found that, only 500 gunny bags were loaded. It has been alleged that, on the basis of the documents, register and CCTV footage, it was revealed that less quantity of paddy was loaded in the truck, which was less then the quantity shown in the DM and for the said illegality the Incharge of paddy procurement center Singh Bahal Saraipali namely Buddhiwant Pradhan, Hemant Sahu (Salesman), Ashish Agrawal (Miller) and Girjashankar Bhoi (applicant herein) are responsible. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further contended that there is no criminal antecedents registered against the present applicant. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 23.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, co-accused has already been granted anticipatory bail by this Court, the applicant is in jail since 23.12.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicant I am inclined to allow this application. 7. Let applicant, Buddhiwant Pradhan involved in Crime No.94/2025, registered at Police Station – Singhoda, District – Mahasamund (C.G.) for the offence punishable under Sections 318(3), 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued 4 and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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