Anticipatory bail may be denied in cases involving the diversion of government-procured stocks and substantial loss to the state exchequer, particularly when parity is unavailable due to the rejection of bail for co-accused.

Order on Board

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.07/2026 registered at Police Station – Kansabel, District – Jashpur (C.G.) for the offences punishable under Sections 61(2), 316(3), & 318(4) of the BNS.

2. The prosecution story in brief, is that, the complainant, Food Inspector Anup Kujur, submitted a report to the police stating that on 13.01.2026 at about 12:50 PM, two tractors carrying 125 gunny bags of paddy each were intercepted and enquired into, and upon verification it was allegedly found that the paddy was being transported illegally by co-accused Yaman Behra and Maneshwar, who during enquiry disclosed that co-accused Devendra Vishwakarma had loaded the said paddy from Vedansh Rice Mill belonging to the present applicant for transporting it to Uparjan Kendra Chongribahar for sale in the name and token of one agriculturist, Anthony Ekka; thereafter, a team conducted inspection at Vedansh Rice Mill owned by the applicant and carried out physical verification of the stock, wherein it was allegedly found that 24,379 gunny bags of paddy, weighing approximately 9,751.60 quintals, were short in storage, and on the basis of such findings, the prosecution has alleged that the applicant along with other co-accused persons misused the government procurement scheme by illegally selling the paddy which had been kept for the purpose of custom milling.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not acted in the manner alleged by the prosecution. It is submitted that the applicant is the Director of Vedansh Rice Mill and that on 13.01.2026, when the co-accused persons were intercepted by the Food Inspector while allegedly transporting paddy, the Rice Mill of the applicant was also seized on the very same day by the Food Department, even prior to issuance of the show cause notice. It is further submitted that the Collector, Jashpur issued a show cause notice dated 14.01.2026 alleging shortage of 9751.60 quintals of paddy and sought a reply within three days; however, before the applicant could submit his explanation, the mill had already been seized and an FIR came to be registered on 15.01.2026. The applicant thereafter submitted his reply on 03.02.2026 stating that he was ready to provide 6533.57 quintals of rice against the alleged shortage of paddy, but due to seizure of the mill, he was unable to supply the same. It is also submitted that for the year 2024–2025, the applicant has furnished substantial financial securities including a bank guarantee of Rs. 67,40,000/-, FDR of Rs. 56,60,000/- and post-dated cheque amounting to Rs. 79,34,000/-, totaling Rs. 2,03,34,000/-, which demonstrates his bona fides. It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding, he is ready to furnish adequate surety and undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court.

4. Learned State counsel opposes the application and submits that two tractors loaded with paddy were intercepted and, during enquiry, it was disclosed that the paddy had been loaded from the applicant’s rice mill for illegal sale under the government procurement scheme. Subsequent inspection of the mill revealed a shortage of 9,751.60 quintals of paddy, prima facie indicating diversion of stock and causing loss to the State exchequer. It is furth