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Ghanshyam Belchandan v. State of Chhattisgarh

ALLOWED
Court
High Court of Chhattisgarh
Decided
15 October 2026
Bench
Rakesh Mohan Pandeyauthor
Case no.
MCRC 9299/2026

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Judgment

Order on Board 16/10/2026

¶1This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who is in custody in connection with Crime No. 76/2026 registered at Police Station Anda, District Durg (C.G.) for offences punishable under Sections 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶2As per the prosecution case, a written complaint was lodged by the Branch Manager of the District Cooperative Central Bank Limited, Durg alleging that during the Kharif marketing year 2025-26, Service Cooperative Society Limited Nikum (Registration No. 692) procured a total of 76,759.60 quintals of paddy up to 15.11.2025 and transported the same up to 31.01.2026. Upon physical verification conducted by the officials of the Food and Cooperative Department on 08.07.2026, a shortage of 116.11 quintals of paddy valued at approximately Rs. NADIM MOHLE Date: 2026.10.16 14:53:48 +0530 3,59,941/- was allegedly detected. On the basis of the enquiry report, the aforesaid crime was registered against the applicant, who was discharging his duties as the Assistant Committee Manager, along with the authorized officer/President Bhaiyalal Sahu and other employees. During the course of investigation, the applicant was arrested in connection with the present crime on 31.08.2026.

¶3Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime. He would further submit that the allegations are omnibus in nature and no specific overt act has been attributed to the applicant. He would also submit that the paddy procurement concluded in November 2025 and transportation ended in January 2026, whereas the physical verification was conducted after a delay, on 08.07.2026. He would contend that co-accused Bhaiyalal Sahu (authorized officer/President) has already been extended the benefit of anticipatory bail by the coordinate Bench vide order dated 03.08.2026 passed in M.Cr.C.(A) No. 1237/2026, and the alleged shortage amount has already been deposited with MARKFED, in respect of which certificates have been issued by the Branch Manager and MARKFED, leaving no outstanding dues. He would further contend that the investigation is complete, the charge-sheet has already been filed before the learned Trial Court, the applicant has no criminal antecedents of a similar nature, and he has been languishing in jail since 31.08.2026; thus, the applicant may be released on regular bail.

¶4On the other hand, learned State counsel would oppose the application for grant of regular bail and submit that the applicant was discharging the functions of Assistant Committee Manager during the procurement season 2025–26 and was responsible for the shortage of 116.11 quintals of paddy valued at Rs. 3,59,941/-; hence, he is not entitled to be released on bail. However, learned State counsel does not dispute that the charge-sheet has already been filed and the alleged shortage amount has been deposited by the co-accused.

¶5Heard learned counsel for the parties and perused the case diary.

¶6Considering the rival submissions, the facts and circumstances of the case, and particularly taking into account that the investigation has been completed and the charge-sheet has already been filed; co-accused Bhaiyalal Sahu has already been granted anticipatory bail by the coordinate Bench in M.Cr.C.(A) No. 1237/2026; the alleged loss/shortage amount has already been deposited with MARKFED and requisite certificates have been issued; and further considering the detention period of the applicant since 31.08.2026 and he has no criminal antecedents of a similar nature, this Court is inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed.

¶7It 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 following conditions :-

(i) 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,

(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

¶8The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/-

Rakesh Mohan Pandey

JUDGE Nadim

Case details

Parties and counsel

CGHC010386902026 2026:CGHC:44887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9299 of 2026 Ghanshyam Belchandan S/o Dharmendra Belchandan Aged About 25 Years R/o Gram Nikum, P.S. Anda, Distt- Durg (C.G.). … Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Anda, Distt- Durg (C.G.). ... Non-Applicant For Applicant : Mr. Anuroop Panda, Advocate For Non-Applicant : Mr. Keshav Gupta, Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey

Source: High Court of Chhattisgarh, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.