1 2025:CGHC:22381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4121 of 2025 Jalsho W/o Ramesh Panna Aged About 26 Years Resident Of Village Kaljiwa, P.S. Kamleshwarpur, Tahsil Mainpath, District Sarguja Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Kamleshwarpur, District Sarguja (C.G.). ... Non-applicant For Applicant : Mr. Ravipal Maheshwari, Advocate For State : Mr. R. S. Marhas, Additional Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/05/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 67/2024, registered at Police Station – Kamleshwarpur, District – Surguja (C.G.) for the offence punishable under Sections 420, 409, 317 read with 34 of Digitally signed by NADIM MOHLE 2 the Indian Penal Code (for short, IPC) and 3 & 7 of the Essential Commodities Act. 2. The case of the prosecution, is that a government fair price shop situated at Kaljiva (ID No. 392008034) was operated by Balram Kerketta, who also serves as the Chairman of the Committee, along with Jalsho Panna (present applicant), the Vice-President of the same committee. On a public complaint regarding irregularities in the distribution of food grains under the Public Distribution System (PDS), an inquiry was conducted by the authorities and it was found that 32 ineligible ration card holders were falsely shown in official records as having received two months’ rice, whereas, only one month’s rice was distributed to them and total 6.30 quintals of rice were recorded as distributed online, but the same quantity was not actually delivered to the beneficiaries. On the basis of inquiry report, an FIR was registered under Sections 420, 409, and 34 of the IPC, along with Section 3/7 of the Essential Commodities Act against the accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there is no criminal antecedents registered against the present applicant. She is in jail since 18.05.2025 and she has a 4 years old child. It is further submitted that the charge-sheet has not been filed in this case and trial 3 is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the accused is involved in a serious offence of criminal breach of trust, where government food grains meant for poor people were misused; thus, the instant bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has not been filed against the applicant, the applicant is in jail since 18.05.2025; she is carrying a four year’s old child who is also in jail with her and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Jalsho, involved in Crime No. 67/2024, registered at Police Station – Kamleshwarpur, District – Surguja (C.G.) for the offence punishable under Sections 420, 409, 317 read with 34 of the Indian Penal Code & 3 & 7 of the Essential Commodities Act, be released on bail on her furnishing a personal bond with two sureties in the like sum 4 to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she 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 applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against her, in accordance with law, under Section 209 of BNS. (iv) The applicant shall remain present, in person, before the trial Court on the dates fixed for (i) opening of 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 applicant is 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 her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice NADIM