1 2025:CGHC:37729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3857 of 2025 1 - Himanshu Rajak S/o Madan Rajak Aged About 25 Years R/o Joda Talab, Police Station- Ambikapur, District- Sarguja (C.G.) 2 - Santosh Rajak S/o Ganesh Rajak Aged About 25 Years R/o Mahamaya Road, Police Station- Ambikapur, District- Sarguja (C.G.) 3 - Khushdil Ahamad S/o Roshan Ali Aged About 26 Years R/o Jaistambh Chowk, Police Station- Ambikapur, District- Sarguja (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Ambikapur, District- Sarguja (C.G.) ... Non-applicant For Applicants : Mr. Amarnath Pandey, Advocate. For Non-Applicant : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 266/2023 registered at Police Station - Ambikapur, District - VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.31 18:57:53 +0530 2 Sarguja (C.G.) for the offence punishable under Section 409/34 of IPC & 3/7 of the Essential Commodities Act. 2. The case of the prosecution is that based on a written application by the Food Inspector of Ambikapur, a physical verification was conducted on 30/09/2022 at the government fair price shop bearing code number 391001053, located in Pandit Jawaharlal Nehru Ward under the jurisdiction of Kotwali Police Station, Ambikapur. During the inspection, a shortage was found in the stock: 638.35 quintals of rice (valued at 23,55,396 based on economic cost), 8.52 quintals of sugar (valued at 30,610), and 16.66 quintals of gram (valued at 288,373) amounting to total value of 24,74,379. As a result, a case of embezzlement of ₹ government property was suspected, and upon submission of the investigation report, Crime No. 266/2023 under Section 409 of the Indian Penal Code and Sections 3/7 of the Essential Commodities Act was registered, and an investigation was initiated. That, the shop was being operated by an agency Annapurna Food Security, Nutrition, and Consumer Services Cooperative Society, with Mrs. Ranjeet Kaur as Chairperson, Mrs. Rupinder Kaur as Vice-Chairperson, and Khushdil Ahmed as Assistant Seller. During the investigation, it was found that, after 17.12.2021, the shop was also being operated by Himanshu Rajak and Santosh Rajak. Based on the evidence found during the investigation, the accused Himanshu Rajak, Santosh Rajak, and Khushdil Ahmed were arrested under Section 409 of the IPC and Section 3/7 of the Essential Commodities Act. 3. The present applicants assert their innocence and claim to have been falsely implicated in the case. Regarding the bail application filed 3 before the learned Court below, a letter from the Collector (Food Section), Ambikapur, dated 05.05.2025, confirms the replenishment of the disputed food stock on 23.05.2023, which remains undisputed despite the court's observation that it was recorded after the FIR registration. The applicants are the sole breadwinners of their families, and continued imprisonment would cause severe hardship to their dependents. They further submit that they have been in custody since 04.05.2025, are permanent residents of the address mentioned in the cause title where their movable and immovable properties are located, thereby minimizing any risk of absconding. They also assure that if granted bail, they will not interfere with prosecution witnesses directly or indirectly. Finally, the applicants are willing to furnish adequate surety and comply with all conditions that this Hon’ble Court may impose while granting bail. therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application of the present applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous antecedents and also considering the fact that the charge-sheet has been filed and they have been in jail since 04.05.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 4 7. Let the Applicants - Himanshu Rajak, Santosh Rajak and Khushdil Ahamad, involved in Crime No. 266/2023 registered at Police Station - Ambikapur, District - Sarguja (C.G.) for the offence punishable under Section 409/34 of IPC & 3/7 of the Essential Commodities Act, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of 5 the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav