1 2025:CGHC:31067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 974 of 2025 Satish Tiwari S/o Late Shyam Sundar Tiwari, Aged About 73 Years R/o Nayapara Jagdalpur, District-Bastar (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. -Badanji, District-Bastar (C.G.) ... Respondent For Applicant : Shri Avinash K. Mishra, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/07/2025 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.22/2025 registered at Police Station – Badanji, District - GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.08 16:34:27 +0530 2 Bastar (C.G.) for the offence punishable under Section 3/7 of Essential Commodities Act, 1955 & section 316 (5) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant Smt. Diwyarani Karyant filed a written complaint on 31.05.2025 in P.S- Badanji for registration of crime for alleged commission of offence U/s 3/7 of Essential Commodities Act, 1955 And U/s 316 (5) of B.N.S, 2023 (Criminal breach of trust by an agent etc). It is alleged by the complainant that :- (i) Not opening the fair price shop as per time table by salesman Rangbir Bhardwaj. (ii) During inspection of shop sample of grain, register of stock and price list not demonstrated. (iii) Even obtaining the thumb impressions of the consumers the grain is not delivered to the consumers by salesman Rangbir Bhardwaj. (iv)Salesman Rangbir Bhardwaj not entering the entry of grain in E-pass Machine', within time to show lesser stock of grain. (v) Office bearers of the Society only concentrate upon the demand draft and fail in supervising, because of the consumers are annoyed. (vi) Therefore office bearers of the Society and salesman committed embezzlement. 3. Learned counsel for the applicant submits that the present applicant is falsely implicated in crime in question being elected President of the Society he is only working in elected capacity. He would submit that there is no incriminating material against the applicant, which held him guilty for commission of offence 3 punishable U/s 3/7 of Essential Commodities Act, 1955 and U/s 316 (5) of B.N.S, 2023. He would submit that the present F.I.R is registered by police without any preliminary inquiry, investigation or verification of written complaint put up by complainant Smt. Diwyarani Karyant. He would submit that the applicant is aged about 73 years, reputed advocate by profession of Bastar district and elected President of Society and the applicant is suffering from 'Heart disease' since 2021 and undergone twice the Angioplasty. Therefore, he submits that the present applicant is 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 case diary. 6. Considering the facts & circumstances of the case, considering the fact that applicant is aged about 73 years and also considering the fact that investigation and trial are likely to take time, without commenting anything on the merits of the case, 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 – Satish Tiwari, 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:- 4 (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 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 applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri