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Judgment
13 paragraphs · 781 wordsRamesh Sinha, CJ
This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 94/2025 registered at Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 318(4), 316(5), 3(5), 61(2)(B) of the Bharatiya Nyaya Sanhita, 2023
As per the prosecution’s case, in brief is that on 09.03.2025, pursuant to the order of the Collector, a five-member committee was directed to conduct an inspection at the Paddy Procurement Centre, Kosir. During the inspection, a shortage of 3,043.22 quintals of paddy, valued at Rs.94,33,982/-, was detected. Upon verification of the paddy arrival register, it was found that fake purchase entries had been made for the said quantity, and that out of this, 2,847.60 quintals were shown as purchased from 33 farmers who had never visited the procurement centre. The committee’s report contained the list of these 33 farmers, including the present applicant, on the basis of which the crime was registered against him.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has neither missing any paddy nor received any amount nor obtaining any benefit of subject paddy nor committed any aforesaid offences as alleged by the prosecution against him. He further submits that the identically situated co-accused persons, have already been granted anticipatory bail by this Court in MCRCA Nos. 1633/2025, 1682/2025, 575/2025, 1697/2025, 1447/2025, 752/2025, 779/2025, 718/2025, 1451/2025, 1702/2025, 1706/2025, 1730/2025, 1763/2025, 1734/2025, 1706/2025, 1712/2025, 1713/2025, 1724/2025, 1725/2025 and similarly situated co-accused person, namely, Ku. Seema Vaare has already been granted regular bail by this Court vide order dated 12.11.2025 in MCRC No. 9043/2025. Therefore, he submits that the present applicants are also entitled to be released on anticipatory bail on the ground of parity.
On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the allegations against the applicant are grave and well-substantiated. Pursuant to the Collector’s order, the five-member committee conducted an inspection on 09.03.2025 at the Paddy Procurement Centre, Kosir, and detected a shortage of 3,043.22 quintals of paddy valued at Rs.94,33,982/-. The enquiry further revealed that fake entries had been made in the paddy arrival register, showing 2,847.60 quintals as purchased from 33 farmers who had never visited the centre. The applicant’s name appears in the list of these 33 farmers, as recorded in the committee’s report. It is therefore submitted that the applicant’s involvement is clearly reflected from the material collected during investigation, and in view of the magnitude of the economic loss caused to the State, the applicant is not entitled for grant of anticipatory bail.
I have heard learned counsel for the parties and perused the case diary.
Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that the identically situated co-accused persons, have already been granted anticipatory bail by this Court in MCRCA Nos. 1633/2025, 1682/2025, 575/2025, 1697/2025, 1447/2025, 752/2025, 779/2025, 718/2025, 1451/2025, 1702/2025, 1706/2025, 1730/2025, 1763/2025, 1734/2025, 1706/2025, 1712/2025, 1713/2025, 1724/2025, 1725/2025 and similarly situated co-accused person, namely, Ku. Seema Vaare has already been granted regular bail by this Court vide order dated 12.11.2025 in MCRC No. 9043/2025, there are no other criminal antecedents against him. Hence, I am inclined to grant anticipatory bail to the present applicant on the ground of parity.
Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Munnadas Kuldeep 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:-
(a) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.
(c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
(d) The applicant and the surety shall submit a copy of their 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) The applicant shall not involve himself in any offence of similar nature in future.
