Daily Wage Computer Operator Granted Anticipatory Bail for Alleged Paddy Procurement Shortage Absent Custodial Requirement.

The applicant, a daily wage Computer Operator at Sewa Sahakari Samiti Chandanu, sought anticipatory bail apprehension of arrest in connection with Crime No. 27/2026

A written report was lodged on 27.03.2026 by the Branch Manager of the District Cooperative Central Bank regarding a shortage of 2420 bags of paddy at the Bitkuli Procurement Centre

The applicant contended he was falsely implicated, asserting he was engaged only on 01.04.2026, long after the procurement period had concluded on 31.01.2026 under a different manager

He further argued that he took charge only on 19.02.2026 and that all relevant records were already in police custody

1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of allegations and his specific role in the organization

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant anticipatory bail

The underlying charges involved Sections 316(4) (Criminal breach of trust by a public servant/banker etc.), 61(2) (Criminal conspiracy), 221 (Obstructing public servant), and 3(5) (Joint liability/Common intention) of the Bhartiya Nyay Sanhita (BNS), 2023

The Court examined the applicant's defense that he was a daily wage employee who joined the Samiti after the paddy procurement period had ended

It noted the applicant’s submission that the previous Incharge Samiti Manager was responsible for the records and had been suspended, suggesting the applicant was not the primary custodian during the period of the alleged loss

The Court observed that since the relevant records had already been seized by the prosecution, custodial interrogation was not deemed strictly necessary

Given that the applicant is a permanent resident with no flight risk and the trial is expected to take significant time, the court found the case fit for discretionary relief

The Court held that in the event of arrest, the applicant shall be released on bail upon executing a personal bond and one surety, subject to conditions: (a) non-interference with witnesses; (b) cooperation with the trial; (c) regular appearance in court; (d) submission of Aadhaar and photograph for verification; and (e) abstaining from similar future offenses