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2025 DAILYLAW 13166 (CHH)

SMT. SHITESHWARI v. STATE OF CHHATTISGARH

MCRCA/359/2025 · 2025-03-17

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1 2025:CGHC:12677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 359 of 2025 1. Smt. Shiteshwari W/o Rajpal Aged About 37 Years, 2. Smt. Aneeta W/o Jagatram Aged About 35 Years, 3. Smt. Inta Sirdar W/o Uttam Sirdar Aged About 35 Years, 4. Smt. Lalita W/o Ramprasad Aged About 38 Years, 5. Smt. Budhiyaro W/o Mahesh Kumar Aged About 30 Years, 6. Smt. Madhulata W/o Jyotram Aged About 35 Years, 7. Smt. Vimla W/o Jaiprasad Aged About 38 Years, 8. Jankunwar W/o Gharbharan Aged About 65 Years, All R/o Village Nawapara, Kala, Tahsil And Police Station Premnagar, District Surajpur, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Premnagar, District Surajpur, Chhattisgarh. ... Respondent For Applicants : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Ms. Supriya Upasne, G.A. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.19 18:07:10 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/03/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) have been filed by the applicants, who are apprehending their arrest in connection with Crime No.75/2024 registered at Police Station Premnagar, District Surajpur (C.G.) for the offence punishable under Sections 420, 409, 120 (B) of Indian Penal Code and Section (3) (7) of Essential Commodities Act. 2. Prosecution case, in brief, is that, the complainant Bhuneshwar Bhagat, who was working as Food Inspector lodged report alleging that the beneficiaries of Village Panchayat Nawapara Kala orally made a complaint that they have not been distributed with the items by the fair price shop situated at Nawapara Kala (Shop ID No.392012004). It is further alleged that the applicant No.1 is the President and applicant No.2 is the secretary and others are members of the society and the embezzlement of Rs.10,22,659.84 has been embezzled for not distributing the rice, 'sugar salt. On the basis of report lodged by the Food Inspector, the police registered the offence under Section 420, 409, 120 (B) of Indian Penal Code and Section (3) (7) of Essential Commodities Act. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. 3 He would submit that co-accused persons have already been granted anticipatory bail by this Court in MCRCA No.55/2025 vide order dated 14/01/2025. Therefore, he submits that the present applicants are also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and also the fact that other co-accused persons namely Ramkumar and Manmati have already been granted anticipatory bail by this Court in MCRCA No.55/2025 vide order dated 14/01/2025, therefore, I am inclined to grant anticipatory bail to the present applicants on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants Smt. Shiteshwari, Smt. Aneeta, Smt. Inta Sirdar, Smt. Lalita, Smt. Budhiyaro, Smt. Madhulata, Smt. Vimla, Jankunwar, on each of them executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4 dissuade them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri