1 2025:CGHC:33040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1031 of 2025 • Tuleshwari Chouhan W/o Ramcharan Chauhan, Aged About 42 Years Occupation Housewife, Former Present Nischay Naya Savera Self Help Group Ruwaphook, P.S. And Tahsil Kapu, District Raigarh C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Office P.S. Kapu, District Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Devershi Thakur and Mr. Aashutosh Biswas, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2025 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No. 89/2025 registered at Police Station – Kapu District Raigarh, (C.G.) for the offence punishable under Sections 316(5) & 3(5) of BNS and 3/7 of Essential Commodities Act. 2. As per the Prosecution Story, on 10.06.2025, Food Inspector Surani VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.17 11:52:34 +0530 2 Chauhan filed a complaint at Kapu Police Station alleging irregularities by Nischay Naya Savera Self-Help Group whose President is Mrs. Tuleshwari Chauhan (present applicant), Secretary Guruwari Rathia, and Vendor Shri Ramcharan Chauhan, all residents of Ruafool village. The complaint concerns the diversion of foodgrains from government fair price shops in Ruafool, Chahla, and Kamosindad villages. The alleged diversion includes 533.81 quintals of rice, 0.27 quintals of sugar, 3.08 quintals of gram, and 2.42 quintals of salt from Ruafool shop; 4.33 quintals of APL rice, 309.02 quintals of BPL rice, and 1.40 quintals of sugar from Chahla shop; and 14.12 quintals of APL rice, 432.55 quintals of BPL rice, 1.70 quintals of gram, and 1.72 quintals of salt from Kamosindad shop. The total diverted quantities amount to 18.45 quintals of BPL rice, 1275.38 quintals of APL rice, 1.67 quintals of sugar, 4.781 quintals of gram, and 4.14 quintals of salt, total amounting to approximately Rs. 54,17,278/-. The applicant humbly submit she had not committed any innocence and denies any involvement in the diversion of government food grains. 3. Learned counsel for the applicant would submits that the applicant is innocent person and he has been falsely implicated in the present case. They further submits that the Applicant/Accused, Tuleshwari Chouhan, President of Nischay Naya Savera Mahila Self-Help Group, was not personally responsible for distributing ration from the government-authorized fair price shop at Village Ruwaful, Kamosin Dand, Chala. The shop was managed by the Secretary/Vendor, who handled receipt and distribution, and the Applicant had no duties or involvement in this process. The Vendor maintained the stock register and was responsible for all distribution activities; the Applicant had 3 no knowledge of or participation in any criminal activity related to the ration. They further submits that the applicant is a housewife an the sole breadwinner of her family, which depends on her support, hence they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed 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, submissions of learned counsel for the parties and nature of dispute and material available in case diary, looking to the fact that Applicant was President of Nischay Naya Savera Mahila Self-Help Group, was not personally responsible for distributing ration and on the ground that applicant is a lady, who is aged about 42 years hence, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Tuleshwari Chouhan, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he 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. 4 (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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali