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Judgment
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. 12/2026 registered at Police Station Tendukona, District Mahasamund (C.G.), for the offence punishable under Section 316(5) of BNS.
As per case of prosecution, a written complaint was lodged by Sharawan Singh Thakur, Branch Manager, District Cooperative Central Bank Ltd., Raipur Branch Tendukona on 28.01.2026 to the effect that on 26.01.2026 a team of Naib Tahsildar, Bagbahra and other officials inspected Paddy Procurement Center, Tendukona and recorded shortage of 2149 sacks (859.60 quintals) (soft paddy) causing financial loss worth Rs. 26,64,760/-. On such complaint, the police registered offence as stated above against the present applicant.
Learned counsel for the applicant submits that the Paddy Procurement Centre was subsequently physically verified by the President of Society and Branch Manager on 11.05.2026, and no shortage was found. In this regard, a letter was addressed to SHO of the concerned police station, which is part of the charge-sheet. He further submits that as per letter dated 11.05.2026, sacks were not properly arranged due to a lack of sufficient space. He contends that charge-sheet has already been filed, applicant is in jail since 21.07.2026 and he has no criminal antecedents, therefore, he would pray for grant of bail to the present applicant.
On the other hand, learned counsel for the State would oppose the bail application. Mr. Kanwaljeet Singh Saini, Dy. G.A. would submit that the present applicant, who was Manager of paddy procurement center caused financial loss to the tune of Rs. 26,64,760/-, and therefore, this application deserves to be rejected.
I have heard learned counsel for the parties and perused the case diary.
Having considered the fact that on 26.01.2026, Paddy Procurement Center was physically inspected by the Naib Tahsildar and other officials wherein shortage was detected, but subsequently the President of Society and then the Branch Manager again physically verified sacks and found no shortage and this fact is evident from a letter, which was addressed by the President to the SHO of the concerned police station. The letter dated 11.05.2026 is part of the charge-sheet. Further, taking note of the fact that charge-sheet has already been filed, applicant is in jail since 21.07.2026 and he has no criminal antecedents, therefore, I am inclined to allow this application.
Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/-with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he 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;
he shall not act in any manner which will be prejudicial to fair and expeditious trial, &
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.