1 2025:CGHC:28742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 817 of 2025 Tulsi Dhruv S/o Late Satanand Dhruv Aged About 28 Years Occupation- Panchayat Secretary R/o Village- Kuaan, P.S.- Takhatpur, Dist- Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Station-In-Charge, Police Station Takhatpur, Dist- Bilaspur C.G. ... Non-applicant For Applicant : Mr. A.N. Pandey Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 216/2025 registered at Police Station –Takhatpur, District - Bilaspur(C.G.) for the offences punishable under Sections 316(5), 3(5) of BNSS 2023 and Under Section 7 of Essential Commodities Act, 1955. 2. As per prosecution is that on 15.4.2025, complainant Shyam Bastrakar working on the post of Food Inspector Takhatpur, inspected the faire VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:56:40 +0530 2 prices hop of Village- Belgahana and prepared the inspection report about shortage of 173.69 quintal Rice, 1.51 quintal Salt and 9.24 quintal Sugar and 1.51 quintal Salt in the faire price shop of Village- Belgahana and the inspection report was prepared behind the back of operator and salesman of the shop and submitted the report before the Sub-Divisional Officer (Revenue) Takhatpur without any physical verification and only on the basis of online server On the basis of inspection report, Sub Divisional Officer (Revenue) issued the show cause notice to the applicant and Sarpanch of village Panchayat Belgahana on 17.4.2025 Again show cause notice was issued on 22.4 2025 with the allegation that he has not deposited the distribution amount in the month of March & April 2025 After receiving of the notice present applicant who is working on the post of Panchayat Secretary and submitted the reply that the Sarpanch of Village -Panchayat and salesman are operating the Faire Price Shop and no having knowledge about the allotment and distribution of the essential food grains in the shop to the applicant and the distribution amount has already deposited by the Sarpanch on 29.4.2025 but without considering the reply filed by the operating agency and without conducting any enquiry as clause 16 (3) of the Chhattisgarh Public Distribution and Control order 2016 and without giving any opportunity of hearing and without conducting any enquiry, concern food inspector lodged the report before the policed station on 1.5.2025 against the applicant and Sarpanch of the Village-Panchayat. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant is the secretary of the village panchyat – Belgahana and 3 he is Govt. Employ and the Govt. Fair Price Shop of Village – Belgahana is operating by the Sarpanch and saleman of the village – Panchyat – Belgahana and no role of the applicant in operating of the fair price shop. He further submits that without considering the reply filed by the operating agency and without conducting any enquiry as clause 16(3) of the chattisgarh Public Distribution and Control order 2016 and without giving any opportunity of hearing and without conducing any enquiry, concern food inspector lodged the report before police station on 01.05.2025 against the applicant and Sarpanch of the village- Panchyat. He further submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and it appears that the applicant has no criminal antecedents. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Tulsi Dhruv, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any 4 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav