1 2025:CGHC:32367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4329 of 2025 Lakshmi Kumar Jaiswal S/o Rampyare Jaiswal Aged About 46 Years R/o Village Belgahana, P.S. Takhatpur, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Takhatpur, District – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : Dr. Arpit Lall, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.07.2025 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 he has been arrested in connection with Crime No. 216/2025, registered at Police Station – Takhatpur, District – Bilaspur (C.G.) for the offence punishable under Sections 316(5), 3(5), 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 7 of the Essential Commodities Act, 1955. 2. The case of the prosecution, is that the food grains for ration card beneficiaries, mid-day meal and Anganwadi Centre were kept in the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 government fair price shop in Belgahna village, whose responsibility for supervision and distribution was fixed by the State Government to the then village panchayat sarpanch Laxmi Kumar Jaiswal and village panchayat secretary Tulsi Dhruv, but the Criminal breach of trust has taken place by misusing the said food grain in their possession, on 15.04.2025, after investigating the reality, the Complainant/Food inspector Shyam Lal Vastrakar lodged a FIR on 01.05.25 at the Takhatpur Police Station that ration card foodgrain beneficiaries Kamla Bai Dinkar, Seema Tandon and a total of 261 beneficiaries are distributed foodgrains and the Sarpanch and Secretary used to get thumb impressions in the EPOS machine through Govardhan Patel. Thereafter, on the instructions of the State Government, on 15.04.2025, Food Inspector Shyam Lal Vastrakar reached the Government Fair Price Shop in village Belgahna and conducted inspection and physical verification of savings stock and found out that, in the month of April, no ration was distributed to 261 ration card holders, and their thumb impressions were maliciously taken in the EPOS machine and a fake lining copy containing the names of 261 beneficiaries was also prepared. Despite repeated instructions by the complainant, Sarpanch Lakshmi Jaiswal and Secretary Tulsi Dhruv did not prepare the account of beneficiaries by making a register. On physical verification, it was found that 173.69 quintal rice, 1.51 quintal sugar and 1.71 quintal salt worth Rs. 6,94,585 were embezzled by Lakshmi Jaiswal and Tulsi Dhruv. The said lining copy was seized from the distributor Govardhan Patel by preparing a Panchnama by the Food Inspector. Despite the instructions of the Food Inspector on 17.04.25, the DD for APL and sugar sale amount has not been deposited in the Civil Supplies Corporation (Nagrik Apoorti Nigam) by the sarpanch and secretary. Hence, this application. 3 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the co-accused has been granted anticipatory bail by this Court vide order dated 27.06.2025 passed in MCRCA No.817/2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.05.2025 and trial 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 opposes the bail application as well as the submissions raised by learned counsel for the applicant and submits that the applicant is not entitled for grant of bail. 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 and the co-accused has been granted anticipatory bail by this Court vide order dated 27.06.2025 passed in MCRCA No.817/2025, charge-sheet has been filed against the applicant, the applicant is in jail since 20.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Lakshmi Kumar Jaiswal, involved in Crime No. 216/2025, registered at Police Station – Takhatpur, District – Bilaspur (C.G.) for the offence punishable under Sections 316(5), 3(5), 318(4) of the BNS, and Section 7 of the Essential Commodities Act, 1955, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 him 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar