1 2025:CGHC:30575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 966 of 2025 Sevakram Sahu S/o Patiram Sahu Aged About 32 Years R/o Gram - Jaraud, P.S. Suhela, District Baloda Bazar-Bhatapara (C.G.). ... Applicant versus State of Chhattisgarh Through The Police Station- Suhela District Baloda Bazar-Bhatapara (C.G.). ... Non-applicant For Applicant : Mr. Bhupendra Singh, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 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. 108/2025 registered at Police Station – Suhela, District Baloda Bazar - Bhatapara (C.G.) for the offences punishable under 316(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3(7) of the Essential Commodities Act, 1955. 2. As per the prosecution story, the complainant, Gulshan Anant, S/o Shri Reva Prasad Anant, aged about 38 years, was a Food ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.05 14:50:13 +0530 2 Inspector at Simga, District Baloda Bazar. On 15.05.2025, the complainant appeared at the police station and submitted a written application stating that at the Government Fair Price Shop in Village Ranijaraud, the food grains and commodities allocated by the State Government for distribution to eligible beneficiaries, specifically 192.30 quintals of rice and 2.20 quintals of salt valued at Rs. 8,03,091.95, were misappropriated and not distributed between the dates of 26.03.2025 and 03.04.2025. It is alleged that the misappropriation was carried out by the following accused persons: Ram Sevak Sahu (Sarpanch), Tejram Verma (Secretary), Rakesh Kumar Sahu (current shopkeeper), and Johan Lal Chaturvedi (former shopkeeper), all residents of Village Ranijaraud, Police Station Suhela, District Baloda Bazar. Due to the alleged acts of misappropriation and embezzlement by the above-named accused persons, the State Government has incurred financial loss. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that due to village politics, certain persons have falsely implicated the present applicant in this case by making allegations against him. He submits that the Fair Price Shop is operated by the Government, and the material is supplied by the Government; therefore, it is not possible for the present applicant to create any dispute or conspiracy in the functioning of the Fair Price Shop. It is also not possible for any percentage amount to be transferred to his personal account. He also submits that the Gram Panchayat, Ranijaraud, vide letter dated 29.01.2025, informed the Collector, 3 District Baloda Bazar-Bhatapara (C.G.), that the Fair Price Shop is being operated by Gram Panchayat, Ranijaraud, bearing ID No. 442010031. It was reported that in the previous month, there was a shortfall of 18 quintals, which was duly communicated to the office of the Collector. Despite this, there has again been an under- allotment of 88 quintals of ration in the current month. It is further submitted by the applicant that the Gram Panchayat, Ranijaraud, vide letter dated 20.04.2025, informed Johan Das Chaturvedi, the seller of the Fair Price Shop, regarding the shortage of 21 bags of rice and 13 packets of salt, but the said shortages were not fulfilled by him. He further submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicant and submits that the present applicant embezzeled food grains worth Rs. 8,03,091.95/- therefore, he is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as the present applicant has already communicated with the Collector concerned about the shortage of food grains for the previous month, a copy of which has also been annexed with the present anticipatory bail application, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sevakram Sahu on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) he 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) 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 Abhishek