1 2025:CGHC:34575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1064 of 2025 1 - Chanda Singh W/o Bijendra Singh Aged About 35 Years R/o Shivnandanpur, Tehsil And Police Station Vishrampr District Surajpur C.G. 2 - Bijendra Singh S/o Seshram Aged About 38 Years R/o Shivnandanpur, Tehsil And Police Station Vishrampr District Surajpur C.G. ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Vishrampr District Surajpur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Kumar Paranjpe. Advocate For Respondent/State : Dr. Saurabh Kumar Pandey, Dy.A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 21.07.2025 1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 152/2025, registered at Police Station – Vishrampur, District – Surajpur (C.G.) for the alleged commission of offence punishable under Sections 3, 7 of Essential Commodities Act, 1955 r/w Section 316(5), 318(4) and 3(5) of BNS, 2023. 2. As per the case of prosecution, the incident was occurred from 01.07.2023 to 08.102024. The at F.I.R. of the incident was lodged by VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.06 11:03:37 +0530 2 Nitish Kumar, Food Department, Food Inspector, posted Collectorate, Surajpur. Applicant No.1 is running Self Help Group (SHG) with the name Chanda Self Help Group in the same village. Chanda SHG via Order No. 722 dated 26.12.2018 was granted license to distribute rations from Government Fair Price Shop, No. 392009001. Shivnandanpur, bearing I.D. Applicant No.2 is the distributor in Government Fair Price Shop, Shivnandanpur. It is alleged that on 02.05.2024, Food Inspector, Surajpur conducted physical verification of Government Fair Price Shop, Shivnandanpur, bearing I.D. No. 392009001 and found irregularities in stock in shop in which 242.46 Quintals of APL Rice, 245.12 Quintals of BPL Rice, 5.05 Quintals of Sugar and 2.42 Quintals of Gram was found to be less. It was also found that in E-PoS online entry in month of July 2023, 388.54 Quintals of APL Rice, 53.98 Quintals of BPL Rice, 0.59 Quintals of Sugar, 1.30 Quintals of Sugar and 1.30 Quintals of Gram was found to be less for the month of October 2022 to June 2023. That, SDO, Surajpur issued show cause notice dated 07.06.2024 to applicant No.1 to which reply was filed on 18.06.2024 and show cause notice dated 09.09.2024 to applicant No.2 to which reply was filed on 12.09.2024, which was found to be unsatisfactory and hence, via Order No.1913 on 23.08.2024, allotment of Fair Price Shop to Chanda Self Help Group was revoked. According to office order No. 1913 dated 23.08.2024, Fair Price Shop, Shivnandanpur was attached with Fair Price Shop, Miners Colony, Nagar Panchayat- Vishrampur and as on report dated 08.10.2024, 235.23 Quintals of APL Rice, 150.54 Quintals of BPL Rice, 11.07 Quintals of sugar, 12.71 Quintals of salt and 27.7 Quintals of Gram was given (handed over) less as compared to the quantity in online entries. 3 In this manner, total of 866.23 Quintals of APL Rice, 449.64 Quintals of BPL Rice, 16.71 Quintals of sugar, 14.01 Quintals of salt and 31.42 Quintals of Gram was found to be less amounting to Rs. amount of Rs. 54,31,028.13. Further, D.O. 1,07,930.11 for the month of September and October 2024 has remain unpaid. 3. Learned counsel for the applicant submits that the applicants have been falsely implicated in this case. He further submits that applicants have no any role in the instant crime, as has been implicated on the basis of false and fabricated evidences put forth by the prosecution. He also submits that before 26.12.2018, the Government Fair Price Shop, Shivnandanpur was operated by one Shyamlal Prajapati Samiti-Jainagar, when the said fair price shop was handed over to Chanda SHG, at that time itself, there was irregularity in actual stock in shop and online entries and the same was informed by applicant No.1but no action was taken by the concerned authorities. He further submits that the applicant No.1 wrote a letter to Collector, Surajpur bringing his attention to the complete situation requesting proper investigation but no action has been taken by the concerned authority, copy of the said letter annexed herein marked as Annexure-A/13. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that present applicants embezzeled food grains and total of 866.23 Quintals of APL Rice, 449.64 Quintals of BPL Rice, 16.71 Quintals of sugar, 14.01 Quintals of salt and 31.42 Quintals of Gram was found to be amounting to Rs. amount of Rs. 54,31,028.13. Further, D.O. 1,07,930.11 for the month of September and October 2024 has 4 remain unpaid, 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 nature and gravity of the offence and material on record in the case diary and also considering the fact that present applicants embezzeled food grains and total of 866.23 Quintals of APL Rice, 449.64 Quintals of BPL Rice, 16.71 Quintals of sugar, 14.01 Quintals of salt and 31.42 Quintals of Gram was found to be amounting to Rs. amount of Rs. 54,31,028.13. Further, D.O. 1,07,930.11 for the month of September and October 2024 has remain unpaid, as such, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicants– Chanda Singh and Bijendra Singh filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved Crime No. 152/2025, registered at Police Station – Vishrampur, District – Surajpur (C.G.) for the alleged commission of offence punishable under Sections 3, 7 of Essential Commodities Act, 1955 r/w Section 316(5), 318(4) and 3(5) of BNS, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali