Order On Board

22/10/2024

1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 339/2024 registered at Police Chowki – Beladula, Aarakshi Kendra Sarsiva, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections

409 and 420 of the Indian Penal Code (IPC).

2. Prosecution case in brief is that the applicant is OfÏcer In-charge of the Prathmik Krishi Shakha Sahkari Samiti Duruga, Sarangarh, District Sarangarh-Bilaigarh (CG), the applicant while working in Samiti in the year 2023-2024 procured in total 43745.60 quintal of paddy 42896.65 from various farmers and sold 42875.95 quintal of paddy to various rice miller and on verification it was found that there is short fall of 868.65 quintal of paddy. The respondent on becoming aware of the short fall filed complaint and FIR was registered against the applicant. Hence, this application.

3. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the true and real facts of the case is that the applicant after procuring the paddy, sold the same to various rice millers on receiving the dispatch order, however, due to delay on part of the concerned authority for issuance of Dispatch order of the remaining paddy, the applicant as early as 06.03.2024 and 24.04.2024 informed the concerned authority for issuance of the dispatch order as due to bad weather and storage of paddy in open land and sky the paddy is bound to perished and lose weight, further due storage of the paddy on open land the quality of the paddy deteriorated and weight of the paddy decreased and substantial quantity of paddy perished and got moulds and rotted, the concerned authority without considering the said fact and even after becoming aware that there is always short fall of paddy around 1.5% to 2% when stored in open land, the concerned authority has filed written complaint against the applicant. Therefore, he prays for grant of anticipatory bail to the applicant.

4. On the other hand, learned State counsel, as well as learned counsel appearing for the complainant would have opposed the prayer for grant of anticipatory bail to the applicant and submits that the applicant is OfÏcer In-charge of the Prathmik Krishi Shakha Sahkari Samiti Duruga, Sarangarh, District Sarangarh-Bilaigarh (CG), the applicant while working in Samiti in the year 2023-2024 procured in total 43745.60 quintal of paddy 42896.65 from various farmers and sold 42875.95 quintal of paddy to various rice miller and on verification it was found that there is short fall of 868.65 quintal of paddy. Therefore, this anticipatory bail application is liable to be rejected.

5. I have heard learned counsel for the parties and perused all of the documents taken on record.

6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, it transpires that tthe applicant after procuring the paddy, sold the same to various rice millers on receiving the dispatch order, however, due to delay on part of the concerned authority for issuance of Dispatch order of the remaining paddy, the applicant as early as 06.03.2024 and 24.04.2024 informed the concerned authority for issuance of the dispatch order as due to bad weather and storage of paddy in open land and sky the paddy is bound to perished and lose weight, further due storage of the paddy on open land the quality of the paddy deteriorated and weight of the paddy decreased and substantial quantity of paddy perished and got moulds and rotted, the concerned authority without considering the said fact and even after becoming aware that there is always short fall of paddy around 1.5% to 2% when stored in open land, the concerned authority has filed written c