1 2025:CGHC:40968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5434 of 2025 Balram Kerketta S/o Shri Lalsaye Kerketta Aged About 47 Years Occupation- Farmer, R/o Maltipur (Kaljiva), Thana And Tehsil Kamleshwarpur, District Sarguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station Officer Kamleshwarpur, District - Sarguja (C.G.) ... Non-Applicant For Applicant : Ms. Hamida Siddiqui, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13/08/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 67/2024, registered at Police Station – Kamleshwarpur, District Sarguja (C.G.) for the offence punishable under Sections 420, 409, 317, 34 of Indian Penal Code and Section 3 and 7 of Essential Commodities Act. 2 According to the prosecution, the applicant, who is the Chairman of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.18 10:36:29 +0530 2 the Committee and operator of the government fair price shop at Kaljiva (ID No. 392008034), along with co-accused Jalsho Panna, the Vice-President, was found involved in irregularities in the distribution of food grains under the Public Distribution System (PDS). Pursuant to a public complaint, an official inquiry revealed that 32 ineligible ration card holders were falsely shown in the records as having received two months' supply of rice, whereas only one month's rice had actually been distributed. A total of 6.30 quintals of rice was recorded as distributed online, but the same was not delivered to the beneficiaries. Based on the inquiry report, an FIR was registered against the applicant under Sections 420, 409, and 34 of the IPC, and Sections 3 and 7 of the Essential Commodities Act. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She further submits that the society received by the applicant was cancelled in the month of February itself and the Sub-Divisional Officer, Sitapur passed an order on 12.03.2024 and the society run by the applicant was given to the asagra group. Since the above society had been given to another group, this crime was registered against the applicant without any basis in relation to the applicant not providing the rice available in the society to the beneficiaries and the beneficiaries not receiving the rice. She later submits that the Food Department provided rice for only one month to the society run by the applicant. But in the system of the Food Department, it was showing rice for two months, whereas only one month's rice was 3 sent by the Food Department to the above society run by the applicant, due to which two months' ration could not be distributed to all the beneficiaries. It is pertinent mention here that the other co- accused namely Jalsho Panna, was released on bail dated 27-05- 2025 by this Court passed in MCRC No. 4121/2025, Copy of the bail order dated 27-05-2025 is being filed as Annexure A-2. Furthermore, the charge sheet has already been filed, and the applicant has been in judicial custody since 18.05.2025 and the applicant has four previous antecedents, out of which three cases are preventive in nature. As the trial is likely to take a considerable amount of time to conclude, the counsel prays for the grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and charge-sheet has been filed. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused, namely, Jalsho Panna, has been granted bail by this Court vide order dated 27-05-2025 passed in MCRC No. 4121/2025, further the applicant has four previous antecedents, out of which three cases are preventive in nature, the charge-sheet has been filed and he is in jail since 18.05.2025 and conclusion of the trial is likely to take some time, hence, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7 Accordingly, the bail application is allowed. Let the applicant - 4 Balram Kerketta, involved in Crime No. 67/2024, registered at Police Station – Kamleshwarpur, District Sarguja (C.G.) for the offence punishable under Sections 420, 409, 317, 34 of Indian Penal Code and Section 3 and 7 of Essential Commodities Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 209 of the 5 Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 8 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti