Bastar(Jagdalpur), Chhattisgarh v. State Of Chhattisgarh Through The Station House Officer, Police
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.18 18:40:36 +0530 2025:CGHC:47805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6359 of 2025 Chaitu Ram Baghel S/o Late Somaru Baghel Aged About 59 Years Working As Deputy Forest Ranger, Primary Minor Forest Produce Cooperative Society Golapalli, Resident Of Infront Of Market, Jagdalpur Road Village Kudkanar Chokar, Tahsil Bastar, District : Bastar(Jagdalpur), Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station EOW/ACB, Raipur, District : Raipur, Chhattisgarh ... Respondent For Applicant
Legal Reasoning
: Shri Manish Nigam, Advocate. For : Dr. Saurabh Kumar Pande, Dy.A.G. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.26/2025 registered at Police Station E.O.W./A.C.B. Raipur, District 2 Raipur, C.G. for the offence punishable under Sections 409,467,468,471 & 120B of IPC read with Section 13(1)(a) & 13 (2) of the Prevention of Corruption Act, 1988 (as per Final Report). 2. Case of the prosecution, in brief, is that one Abdul Seikh Karim (news reporter), made a complaint alleging that the amount of Rupees Six Crores Fifty Lakhs meant for Tendu Patta Bonus has been illegally withdrawn by the Divisional Forest Officer, Sukma, Ashok Patel in connivance with the Forest Officers and Managers of Primary Minor Forest Produce Committee. The complaint was registered at Complaint no.56/2025.The said complaint was secretly verified and it was found that the Office of Chief Conservator of Forest cum Ex-Officio Chief General Manager had addressed a letter dated 24/8/2023 to Collector, Sukma seeking permission for payment of Tendu Patta Bonus for season 2021 and 2022 in cash to the beneficiaries. As per the letter, it was proposed that the bonus was required to be paid in cash for season 2021 to 15 societies and for season 2022 to 10 primary minor forest produce societies. As per the abovementioned letter, for the season 2021, total 21,225 beneficiaries did not had their bank account and they were to be paid a sum of Rs.3,16,12,011 (Three Crores Sixteen Lakhs Twelve Thousand and Eleven Rupees). Likewise, for season 2022, total 13,179 beneficiaries, who did not have the bank account were to be paid a sum of Rs.2,58,59,975 (Two Crore Fifty Eight Lakhs Fifty Nine Thousand Nine Hundred Seventy Five Rupees). Thus, payment of total sum of Rs.5,74,71,986 ( Five Crores Seventy Four Lakhs Seventy One Thousand Nine Hundred and Eighty Six Rupees) was proposed. A sum of Rs. 2 Crores, which is stated to be deposited in the bank account is also not clear. Thus, an 3 embezzlement of Rs. Seven Crores said to be paid to the beneficiaries is required to be investigated. It was verified that from 19/6/2024 to 9/1/2025 the officers have irregularly spent money meant for payment of bonus. It was verified that the Shri Ashok Kumar Patel, DFO Sukma along with the Managers of Primary Minor Forest Produce Cooperative Societies have withdrawn the cash amount and have not distributed the bonus to the beneficiaries thus have committed misappropriation of the amount. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case, the applicant was not named in the FIR, the prosecution has not collected any material evidence to implicate the present applicant with the said crime. He would submit that the allegation against the present applicant is that while working as Deputy Forest Ranger cum Poshak Adhikari, Primary Minor Forest Produce Cooperative Society, Gollapalli in connivance with Shri Ashok Kumar Patel, the then MD and Manager Payam Satyanarayan has conspired to withdraw a sum of Rs. 1,38,00,574/-. Out of the said amount a sum of Rupees Twenty Lakh is paid to the then MD as commission, Rupees Eight Lakhs Fifty Thousand was paid to the Politician and News Reporter and Rupees 5 Lakhs was kept with him (the present applicant), which is absolutely baseless and without any material on record. No seizure has been made from the present applicant in order to show his involvement in the case. He would submit that there is inordinate and unexplained delay of about one year in lodging the FIR. He would submit that the applicant is a government servant and is working as a Deputy Ranger in the Forest Department. He would submit that the applicant has no criminal antecedents, 4 charge sheet has been filed in this case, he is in jail since 25/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. He would submit that the incentive remuneration amount received for tendu leaf season 2021 and season 2022 under District Minor Forest Produce Cooperative Union Limited Sukma in Sukma Forest Division, which is around 3 crore 62 lakhs, has been distributed among various forest officers and others by withdrawing the cash of April and in this regard, complaint number 56/2025 was registered on the complaint sent by Abdul Sheikh Karim. He would submit that during investigation of the case, it was found that applicant accused Chaturam Baghel, besides being posted as Deputy Forest Officer, Golapally District Sukma, was also posted as Nutrition Officer in the Primary Minor Forest Produce Cooperative Society, Golapally as additional workload. He would submit that the applicant is involved in a serious case of embezzlement and corruption related to the distribution of incentive remuneration amount (bonus amount) to tendu leaf collectors. He would submit that the Primary Minor Forest Produce Cooperative Society, Gollapally, received Rs.1,38,00,574/- for distribution to tendu leaf collectors, instead of distributing the funds to the collectors, the accused persons, including the applicant, withdrew cash and distributed it as illegal commissions, the investigation revealed that the applicant and other co-accused persons were involved in a criminal conspiracy to embezzle the funds meant for tendu leaf collectors, therefore applicant is not entitled to be released on bail. 5 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the period of detention of the applicant since 25/06/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Chaitu Ram Baghel, involved in Crime No.26/2025 registered at Police Station E.O.W./A.C.B. Raipur, District Raipur, C.G. for the offence punishable under Sections 409,467,468,471 & 120B of IPC read with Section 13(1)(a) & 13 (2) of the Prevention of Corruption Act, 1988, 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 6 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri