1 2025:CGHC:2496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 63 of 2025 Aman Nirmalkar S/o Rameshwar Nirmalkar Aged About 26 Years R/o Dharsiwa, P.S. Dharsiwa, District - Raipur (C.G.). ... Applicant versus State Of Chhattisgarh Through - S.H.O. P.S. - Dharsiwa, District – Raipur (C.G.). ... Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 684/2024 registered at Police Station – Dharsiwa, District – Raipur (C.G.) for the offence punishable under Sections 3 and 7 of the Essential Commodities Act and Sections 408 and 34 of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that the complainant Food Inspector namely Devesh Devdas lodged the complaint stating that co-accused Imdad Khan is the manager of the society and the present applicant is RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the salesman of the fair price shop ID No. 442001002 run by the Sewa Sahkari Samiti, Dharsiwa, where the inquiry was conducted by him and between the period of May 2016 to September 2022 a deficiency was found in the stock of rice, sugar, salt, total valued Rs. 65,23,420/- similarly the deficiency was found between the period of September 2022 to March 2024 in the stock of rice, sugar, salt total valued Rs. 82,08,651.66/-. That the show cause notice was issued to president, manager and member/salesman and also issued the notice for recovery of amount, that the reply of show cause notice was not found satisfactory, therefore the instant complaint has been made against them. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant happens to be the salesman of the fair price shop, and he complaint has been made regarding the deficiency in the stock between the period May 2016 to March 2024, and the applicant was appointed on 23.08.2019 and he has taken charge on 29.08.2019. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the applicant happens to be the salesman of 3 the fair price shop, and he complaint has been made regarding the deficiency in the stock between the period May 2016 to March 2024, and the applicant was appointed on 23.08.2019 and he has taken charge on 29.08.2019, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Aman Nirmalkar on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar