Facts
The applicant, Kushagra Pradhan, is apprehending arrest in connection with Crime No. 44/2026, registered at Police Station Basna, District Mahasamund, for an offence punishable under Section 316(5) of the Bharatiya Nyay Sanhita.
Source reference: para. 1The prosecution's case is that on January 21, 2026, a physical verification by the SDM Pithora at the Paddy Procurement Centre, Jagdishpur, where the applicant was in-charge, revealed a shortage of 650 bags of paddy (260 quintals, valued at Rs. 6,15,940/-) and Rs. 1,90,060/- under the Kisan Unnati Yojana, totaling Rs. 8,60,000/-.
Source reference: para. 2The applicant claimed to have a clean record with zero shortage history from his five years as Samiti Incharge.
Source reference: para. 3A surprise inspection by the Collector, Mahasamund, on December 27, 2025, found no shortage.
Source reference: para. 3The applicant alleged that his request for re-verification/recounting of stock by the SDM Pithora after the second inspection was denied, leading him to submit a written representation to the Collector on January 28, 2026.
Source reference: para. 3He also stated that no recovery had been made from him, and the procurement center was under CCTV surveillance and secured with fencing.
Source reference: para. 3Issues
Whether the applicant, Kushagra Pradhan, is entitled to anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for the alleged offence under Section 316(5) of the Bharatiya Nyay Sanhita.
Source reference: para. 1Law Applied
The court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which pertains to the inherent power of the High Court to grant anticipatory bail.
Source reference: para. 1The decision was guided by the judicial discretion to grant pre-arrest bail, considering the facts and circumstances of the case, submissions of the parties, and material on record.
Source reference: para. 6Reasoning
The court considered the nature of the allegation against the applicant and the submissions made by both parties.
Source reference: para. 6The applicant asserted that he was innocent, had been falsely implicated, and had a clean record with no prior shortages.
Source reference: para. 3He highlighted that a previous inspection by the Collector found no discrepancy, and his request for re-verification after the SDM's inspection was denied.
Source reference: para. 3The court also noted that no recovery had been made from the applicant's possession.
Source reference: para. 3Crucially, the court recognized that the investigation and trial were likely to take a significant amount of time.
Source reference: para. 6Without commenting on the merits of the case, the court determined that these factors warranted the grant of anticipatory bail.
Source reference: para. 6Holding
The court allowed the applicant's instant MCRCA.
It directed that in the event of arrest, the applicant, Kushagra Pradhan, shall be released on bail upon executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, subject to specific conditions.
Source reference: para. 7These conditions included not inducing or threatening any person acquainted with the facts of the case, not acting prejudicially to a fair trial, appearing before the trial Court on all given dates, submitting Aadhaar card copies with photos for verification, and not involving himself in similar offenses in the future.
Source reference: para. 7 (a)-(e)Original Court PDF
KUSHAGRA PRADHANvsSTATE OF CHHATTISGARH
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