1 2025:CGHC:2302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 55 of 2025 1 - Ramkumar S/o Dholalal Aged About 28 Years R/o Village Nawaparakala, Police Station And Tahsil Premnagar, District Surajpur, C.G. 2 - Manmati W/o Dholalal Aged About 45 Years R/o Village Nawaparakala, Police Station And Tahsil Premnagar, District Surajpur, C.G. ... Applicants versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station Premnagar, District Surajpur, C.G. ... Non-applicant For Applicant(s) : Mr. Vijay Kumar Sahu, Advocate For Non-applicant/State : Ms. Supriya Upasne, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has 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 the Indian Penal Code, and Section (3)(7) of Essential Accommodates Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.15 11:36:56 +0530 2 2. Prosecution case in brief is that the allegation against the present applicants and other co-accused persons is that they misappropriated government rice and other materials from the Government Fair Price Shop bearing ID No. 392012004, situated at Village Nawaparakala, amounting to Rs. 10,22,659.84. whereby the Applicant No. 1 is the seller and Applicant No. 2 is a member of the committee. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the aforesaid case. He further submits that the alleged fair price shop, bearing No. 392012004, is not registered in the names of the applicants but is registered under the name of Anita Mahila Swam Sahayata Samooh, with Shiteshwari as the president and Anita as the secretary. The said fair price shop was registered in the name of Shiteshwari but was being operated by her husband. He also submits that Applicant No. 2 is merely a former member and is not involved in any activities related to the shop. Applicant No. 1 is a computer operator who works under the directions of Shiteshwari’s husband, who is responsible for calculating the purchase and sales of materials. Hence, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicants and submits that the present applicants and other co-accused persons is that they misappropriated government rice and other materials from the Government Fair 3 Price Shop bearing ID No. 392012004, situated at Village Nawaparakala, amounting to Rs. 10,22,659.84, therefore, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case and further the fact that the alleged fair price shop, bearing No. 392012004, is not registered in the names of the applicants but is registered under the name of Anita Mahila Swam Sahayata Samooh, with Shiteshwari as the president and Anita as the secretary and the said fair price shop was registered in the name of Shiteshwari but was being operated by her husband and also considering the fact that Applicant No. 2 is merely a former member and Applicant No. 1 is a computer operator, therefore, I am inclined to grant anticipatory bail to the applicants, 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ramkumar and Manmati, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting OfÏcer, 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 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. 4 (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 along with a coloured 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 Rahul Dewangan