1 2025:CGHC:23901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 841 of 2025 1 - Smt. Anju Sahu W/o. Lokesh Sahu Aged About 38 Years R/o. House No. 452, Mahatma Gandhi Ward No. 24, Janjgiri, Tehsil And District - Durg (C.G.) 2 - Lokesh Kumar Sahu S/o. Kaluram Sahu Aged About 50 Years R/o Mahatma Gandhi Ward No. 24, Janjgiri, Tehsil And District - Durg (C.G.) ... Applicants versus State Of Chhattisgarh Through The SHO, Police Station Kumhari, Durg (C.G.) ... Respondent For Applicants : Shri Samdarsh Nirankari, Advocate. For Respondent/State : Ms. Shailja Shukla, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/06/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.80/2025 registered at Police Station – Kumhari, District Durg for the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.16 18:00:01 +0530 2 offences punishable under Sections U/s 316 of the B.N.S. & 3, 7 of the Essential Commodities Act, 1955. 2. Case of the prosecution, in brief, is that on 29.04.2025, at around 8:30 PM, an autorickshaw bearing license plate number CG 07 CR 2058 was being driven by one Niranjan Pal. It was stopped by the local parshad and others. The local parshad and others allegedly took the vehicle to the police station, and kept it there. They alleged that the autorickshaw was carrying 30 plastic bags of rice, totalling to 15 quintals. They alleged that the rice was loaded from the fair price shop operated by the present applicants bearing shop ID 431006015. Next day, i.e. on 30.04.2025, the Food Inspector, and his team, came to the shop of the present applicants and found the samples to be matching. The procedure adopted for the matching of samples was however highly questionable. Moreover, the sample which was seized one day earlier by the local parshad and kept overnight without proper custody, was also open to tampering. After 15 days, on 14.05.2025, an F.I.R. was registered against the present applicants alleging that they were illegally transporting the rice from the P.D.S. system. 3. Learned counsel for the applicants submits that applicant No.1 is the Sanchalika of fair price shop and applicant No.2 is husband of applicant No.1 and the auto rickshaw vehicle does not belong to the present applicants and the driver Niranjan Pal is unknown to the present applicants, neither is he their employee or is agent or has any connection with them whatsoever. He would submit that on the night when the auto rickshaw was apprehended there were no food department officials or any other officials of any other department of the 3 government present at the site. He would further submit that the whole night the rice allegedly found from the auto rickshaw was not kept in proper custody and was open to tampering and it was only after 15 days that the FIR was registered. He would submit that the applicants have already replied to the show cause notice issued by the Food inspector. He would submit that applicant No.1 being a lady and applicant No.2 is her husband, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation levelled against the applicants, applicant No.1 is the Sanchalika of fair price shop and applicant No.2 is husband of applicant No.1 and also considering the fact that investigation and trial are likely to take time, this Court finds it appropriate 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 applicant No.1 Smt. Anju Sahu and applicant No.2 Lokesh Kumar Sahu, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4 dissuade him from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants 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 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) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri