Nafr High Court
Case Details
1 2025:CGHC:48995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1479 of 2025 Omprakash Nayak S/o Pyarelal Nayak Aged About 46 Years Caste - Aghariya, R/o Village- Dongaripali, P.S. Sankra, Tehsil- Pithora, District- Mahasamund(C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station - Sankra, District - Mahasamund, Chhattisgarh ... Non-applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.25 11:01:44 +0530 For Applicant
Legal Reasoning
: Mr. S.C. Verma Senior Advocate along with Mr. Manharan Lal Sahu, Advocate. For Non-applicant/State : Ms. Saumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.09.2025 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. 132/2025 registered at Police Station – Sankra, District – Mahasamund (C.G.) for the offences punishable under Sections 3(5),316(3),316(5) & 318(3), of BNS 2023. 2. As per the prosecution case, in brief, is that in connection with Crime 2 No. 132/2025 registered at Police Station Sankra, Dist. Mahasamund, the register First Information Report against the employees guilty of irregularities in the paddy procurement center Dongaripali Six of the Primary Agricultural Credit Cooperative Society Limited Jerabaharan PP 877 in Kharif marketing year 2024-25. Reference Office of Deputy Commissioner of Cooperative and Deputy Registrar of Cooperative Societies, District Mahasamund CG Letter No. / U.S.M. / Paddy U/2025/710 Mahasamund dated 20.08.2025 Sir, as per the letter referred under the above subject, the Branch Manager, District Cooperative Central Bank Garda Branch Sankara, Cooperative Inspector and Food Inspector Pithora inspected the paddy procurement Dongaripali Six of the Primary Agricultural Credit Cooperative Society Limited Jerabaharan PP 877. According to the investigation report, 4426.78 quintals of paddy was sold at the Paddy Procurement Center, Dogaupali (C.G), which amounts to only Rs. 1,37,23,018/-(in words one crore thirty seven lakh twenty three thousand eighteen rupees) at the rate of Rs. 3100 per quintal, and 10293 pieces of old gunny bags were found less, the amount of which comes to only 2,57,325/- (in words two lakh fifty seven thousand three hundred and twenty five rupees) at the rate of Rs. 25 per piece of gunny bag. Thus, the total amount comes to Rs. 1,39,80,343/-(in words one crore thirty nine lakh eighty thousand three hundred and forty three rupees). At the time of the hearing, the paddy procurement in-charge and computer operator Shri Bharat Manjhi was not present in the investigation and as per the statement of the committee manager and other colleagues, Shri Bharat Manjhi's absconding shows that the said deficiency has been done deliberately. 3 The paddy procurement in-charge and computer operator Shri Bharat Manjhi and the committee manager Shri Omprakash Nayak are jointly responsible for the said deficiency. According to the investigation report, the paddy procurement centre in-charge, computer operator Shri Bharat Manjhi and committee manager Shri Omprakash Nayak of the paddy procurement centre Dongaripali six have been held responsible and a report has been sent for taking recommendatory and legal action against them. That, the applicant has preferred an application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, for grant of bail, before the rejected by the Learned Additional Sessions Judge Fast Track Court, Mahasamund, which has been rejected by the Learned Additional Sessions Judge Fast Track Court, Mahasamund (C.G), vide order dated 06.09.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case as per the allegations, no overt act has been assigned against him, and the prosecution has not brought on record any incriminating evidence to establish his involvement; there is a high possibility of delay in the trial, and continued incarceration will serve no purpose; the co-accused, Bharat Manjhi, alone committed the alleged offence and has been absconding from the very beginning, whereas the applicant was regularly attending work and extended full cooperation to authorities in tracing the absconding co-accused, including submitting written representations to both the Bank authorities and the police on 22.04.2025, which clearly demonstrate his bona fide intentions and non-involvement; official records, including the Panchnama dated 14.04.2025 and the affidavit executed by Bharat Manjhi on 25.06.2025 4 (Annexures A/5 to A/7), confirm that the co-accused alone was responsible for the alleged irregularities and exonerate the applicant the applicant is a law-abiding citizen with no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 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 – Omprakash Nayak, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- threat (a) he shall not directly or indirectly make any to any person or promise inducement, 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. 5 (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