Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:18455
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 598 of 2026 Gopal Nayak Son Of Suresh Kumar Nayak Aged About 33 Years Resident Of Ichchhapur, Police Station And Tahsil Saraipali, District - Mahasamund (C.G.) ... Applicant
versus State Of Chhattisgarh, Through The Station House Officer, Police Of Police Station Saraipali, District- Mahasamund (C.G.) ... Respondent
For Applicant : Mr. Raghavendra Pradhan, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 22.04.2026
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 14/2026 registered at Police Station – Saraipali, District- Mahasamund (C.G.) for the offences punishable under Section 318(4) of the BNS 2023. 2. The prosecution story in brief is that a physical verification of the paddy stock was conducted on 17.01.2026, however, since the procurement VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.23 10:48:10 +0530
2 of paddy was ongoing and the paddy bags were not in proper order, a second physical verification was carried out on 18.01.2026 by a team of Government officers, who allegedly found a shortage of 4013 bags of paddy, and on the basis of the said alleged shortage, the present FIR has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that at the time of preparation of the panchnama, the applicant had specifically objected to the improper manner in which the physical verification was conducted, as the bags and stacks of paddy were not properly arranged due to the ongoing procurement process, making accurate counting difficult; the same was duly recorded by the applicant while signing the panchnama. The applicant is working as the Samiti Incharge of the Paddy Procurement Centre, Kena, and has been discharging his duties honestly and diligently; moreover, there is no shortage in the present procurement session, as reflected from the tally sheet of the current financial year. It is also submitted that the applicant’s brother has submitted an application before the Collector highlighting the improper method adopted by the officials in counting the paddy bags and stating that there is no shortage.
It is further submitted that certain external complaints have been made with an ulterior motive to extort money from the applicant by exerting political influence and creating pressure through local media, and the present action appears to be a result of such pressure. The custodial interrogation of the applicant is neither necessary nor justified, and his arrest would result in irreparable loss to his career and social reputation. It is also submitted that the essential ingredients of the
3 alleged offences are not made out against the applicant. The applicant, therefore, humbly prays for appropriate relief and craves leave of this Hon’ble Court to raise additional grounds at the time of hearing. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gopal Nayak, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial.
(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 4 (d) the applicant and the surety shall submit a copy of his adhaar 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav