Devendra Banjare S/o Manaram Banjare Aged About 35 Years Resident Of Ward No. 05 v. State Of Chhattisgarh Through- Station House OfÏcer, Police Station Masturi, District Bilaspur
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2025:CGHC:17878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2380 of 2025 Devendra Banjare S/o Manaram Banjare Aged About 35 Years Resident Of Ward No. 05, Chakarbeda, P.S. Masturi District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station Masturi, District Bilaspur (C.G.) ... Non-applicant(s) For Applicant
Legal Reasoning
: Mr. Prabhakar Singh Chandel, Advocate For Non-applicant/State : Mr. Amit Verma, Penal Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 21.04.2025 Order on Board 1. Proceedings of this case have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 124/2025 registered at Police Station Masturi District – Bilaspur (C.G.) for the offence under Sections 3(5), 318(4) and 316(4) of the B.N.S. 3. Case of the prosecution, in brief is that the complainant has made 2 written complaint before the concerned police station stating therein that there was missing about 18759 sack of paddy (7503.60 quintal paddy) at Zila Sahkari Society Samiti Malhar District Bilaspur. Based upon such complaint, the police has registered the offence punishable under section 3(5), 318(4), 316 (4) of the B.N.S. against the other accused included present applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the prosecution has wrong find out the service of data Entry Operation to the applicant at Zila Sahkari Society Samiti Malhar District Bilaspur, whereas the another person Ajeej Chandrakar is working as Data Entry Operator at such at Zila Sahkari Society Samiti Malhar District Bilaspur Chhattisgarh and present applicant is running small business of general store at his village house. The applicant has neither appointed Data Entry Operator nor member of the said society nor authorized person to the society. The allegation made against the applicant is absolutely against the law, because the applicant not having any qualification of Computer Operation and not having any knowledge to operate the computer system. The applicant has neither committed any irregularities to the such society and nor missing any paddy nor committed any aforesaid offences as alleged by the prosecution against him. He further submits that in the present case, the Division Bench of this Court has passed the order dated 26.03.2025 in CRMP No. 1083/2025 whereby notice was served to the private respondent therein and the co-accused namely Santu Ram Yadav 3 was granted interim relief by staying further proceedings against him with respect to FIR bearing Crime No. 124/2025 on the ground that from bare perusal of the allegations made in the FIR would show that, none of the ingredients of the offence punishable under Section 3(5) and 318(4) of the BNS, 2023 is present in that case and in this case, charge-sheet has not been filed before the competent Court and the applicant is in jail since 26.02.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned Panel Lawyer opposes the prayer for grant of bail and submits that in the present case, charge-sheet has not filed before the competent Court however, the case diary reveals that a joint investigation team found irregularities in the paddy procurement process at the Malhar paddy procurement center. The investigation, conducted on February 13, 2025, revealed that the center's manager, Santuram Yadav and data entry operator, Devendra Banjare, were involved in the irregularities. The investigation found that out of 5267 bags of paddy, 600 bags contained husk and sand and 170 bags contained paddy husk mixture, while only 4497 bags met the standard. However, the online records showed 23256 bags of paddy, resulting in a shortage of 18759 bags (7503.60 quintals) of paddy. As such, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the fact and circumstances of the case, 4 nature and gravity of offence levelled against him and the fact that in the present case, charge-sheet has not filed before the competent Court further in the present case, the Division Bench of this Court has passed the order dated 26.03.2025 in CRMP No. 1083/2025 whereby notice was served to the private respondent therein and the co-accused namely Santu Ram Yadav was granted interim relief by staying further proceedings against him with respect to FIR bearing Crime No. 124/2025 on the ground that from bare perusal of the allegations made in the FIR would show that, none of the ingredients of the offence punishable under Section 3(5) and 318(4) of the BNS, 2023 is present in that case and the case of the applicant is similar to that of the co-accused and the applicant is in jail since 26.02.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Devendra Banjare, involved in Crime No. 124/2025 registered at Police Station Masturi District – Bilaspur (C.G.) for the offence under Sections 3(5), 318(4) and 316(4) of the B.N.S, be released on bail on furnishing 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 5 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 sufÏcient 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 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 sufÏcient 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Kunal Sd/- (Ramesh Sinha) Chief Justice