Sahdev Baghel vs State Of Chhattisgarh

The aforesaid MCrCs are being disposed of by this common order, as they arise out of Crime No.77/2021 registered at Police Station Bastar, District Bastar for offence under Sections 409, 420, 120-B, 467, 468, 471 of the IPC.

Prosecution case is that in the year 2020-21, a total of 45,730.92 quintals of paddy was procured by Adim Jati Sewa Sahkari Samiti, Bastar. After purchase and delivery of the paddy, in the audit enquiry conducted by the Cooperative Extension Officer Shri Ajay Singh Sidar, Block Bastar and Shri VF Ravi Bhushan Rao, Senior Cooperative Inspector, Office of Sub Registrar; Cooperative Society, Jagdalpur have submitted a report on 8.10.2021 and found loss of stock of paddy of 3992.28 quintals, to the tune of Rs.99,80,700/- and liability was fastened on the Society Manager Kanwal Singh Diwan (absconding), Procurement Officer applicant Sahdev Baghel and Computer Operator applicant Deepak Nishad. On such allegations, the aforesaid offences have been registered.

Learned Senior Counsel appearing on behalf of the applicants would submit that the applicants are innocent and have been falsely implicated. Applicant Sahdev Baghel was appointed on the post of Peon and he has been shown as Procurement Officer, though his duties were being taken as In-charge Toll. Learned counsel also submits that the applicants were never entrusted with the stock of paddy in any manner and the charge sheet has been filed. No such evidence has been collected to the effect that the paddy was entrusted to them. Further, there is no evidence that the present applicants have forged any document and used it. Learned counsel further submit that there is also lacking of evidence of inducement for establishing the offence of cheating. As per the Paddy Procurement Policy for the year 2020-21 issued on 29.11.2020, paddy has been purchased during the week days manually and entered on the Saturday of the week in the software. The Data Entry Operator Deepak Nishad has been assigned the work of Computer Operator to enter the stock in the software. Learned Senior Counsel would also submit that Deepak Nishad was on leave during the period 6th April 2021 to 11th May, 2021, as one of the family member died due to Covid infection, therefore, the entire family was quarantined and in his absence one Khageshwar Patel was appointed and he has been entrusted the work of Computer Operator. Learned Counsel also draws attention of the Court to the fact that as per the enquiry report, at para-20, for the shortage, liability was directly fixed against the Society Manager for not depositing the amount and the reason was also assigned that the Society Manager has not executed any agreement with the Markfed for proper lifting and the District Marketing Officer was also held equally responsible as he has not lifted the paddy on time bound manner as per the Procurement Policy and thereby caused loss to the State Exchequer. Learned Senior Counsel also submits that various letters dated 15th December, 2020, 20th January, 2021 & 5.2.2021 were written by the Society to the Markfed for timely lifting of the paddy, but no action has been taken by the concerned Officer. Applicant Sahdev Baghel is in jail since 19.11.2021 whereas applicant Deepak Nishad is in jail since 12.12.2021. The offences are triable by the Judicial Magistrate 1st Class. Considering all the aspects of the matter, the applicants may be released on bail.

On the other hand, learned State Counsel opposes the bail applications.

Considering the submissions of the parties and also considering the enquiry report and the evidence about entrustment and the role of the present applicants and further considering the length of pre-trial detention, this Court is of the view that the applicants can be enlarged on bail.

Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with 2 sureties for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.