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2025 DAILYLAW 28616 (CHH)

SHESHKUMAR SAHU v. STATE OF CHHATTISGARH

MCRCA/883/2025 · 2025-06-19

body2025

Judgment text

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1 2025:CGHC:26519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 883 of 2025 1 - Sheshkumar Sahu S/o Late Shri Lalsay Aged About 50 Years R/o Village Sursi, Thana And Tahsil Sariya, District Sarangarh-Bilaigarh, Present R/o Patrapara Dharamjaygarh, Thana And Tehsil Dharamjaygarh, District Raigarh, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Dharamjaygarh, District Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate For Res./State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 20/06/2025 1. The applicant has preferred this first application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 141 of 2025, registered at Police Station Dharamjaygarh, District- Raigarh (CG), for alleged commission of offence punishable 2 under Sections 316(5), 3(5) of BNS, 2023 and Section 3/7 Essential Commodities Act, 1955. 2. According to the prosecution's story, the Food Inspector Sudharani Chuhan has lodged the written report on 16.05.2025 against the Operator of Fair price shop Jabga which was run by Maa Ambe Mahila Kalyan Samiti, Bhagwan Singh is the President of the said Samiti and applicant is the secretary and during enquiry the statement of witnesses is recorded and the card holders have stated that the food grains wee not distributed properly and during search chickpea (Chana) 7.20 Quintal, Salt 5.58 Quintal and rice 10.86 Quintal were found difference from the stock register, therefore, a report has been lodged and on the basis of such complaint, police has registered the aforesaid offence. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He would also submit that the applicant is not working as a secretary of the Samiti since log back and he has given the resignation to the president on 17.01.2025 which was accepted. He would also submit that there is shortage of food grains amounting to Rs. 88,854/- and the said loss can be recovered from the Society as per the C.G. Public Distribution System Control Order, 2016 but the complainant instead of starting the proceedings for recovery directly lodged the report though the applicant did not have any concern with the Society or Fair Price Shop after his resignation. He would further submit that investigation is going on and it is likely to take some time, therefore he prays to enlarge the applicant on anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature of allegation levelled against the present applicant and also considering the fact that the applicant was Secretary before 17.01.2025 and was entrusted for the Society and an FIR was lodged whereby a shortage of essential supplies amounting to Rs. 88,854/- were found, therefore, the matter needs to be investigated thoroughly / properly, therefore, in these circumstances, I am not inclined to entertain the instant anticipatory bail application at this stage. 7. Accordingly, the anticipatory bail of the applicant – Sheshkumar Sahu involved in Crime No. 141 of 2025, registered at Police Station Dharamjaygarh, District- Raigarh (CG), for alleged commission of offence punishable under Sections 316(5), 3(5) of BNS, 2023 and Section 3/7 Essential Commodities Act, 1955 is rejected. S Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.25 19:22:18 +0530