1 2025:CGHC:37348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1143 of 2025 P. N. Mishra S/o Late Shreeram Abhilash Mishra Aged About 65 Years R/o Village- Hatkachora, Anukooldev Ward No 1, Jagdalpur, District - Bastaar, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. - Badanji, District - Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Hemant Gupta, Advocate For Respondent(s) : Ms. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 30/07/2025 1. This anticipatory bail application under Section 482 of the Bharatiya 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- Bastar (C.G.) for the offence punishable under Sections 3 and 7 of Essential Commodities Act, 1955 and under Section 316(5) of MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.31 18:02:48 +0530 2 BNS, 2023. 2. As per the prosecution story 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 under Section 3 and 7 of Essential Commodities Act, 1955 and under Section 316(5) of BNS, 2023 (Criminal Breach of Trust by an agent). 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. The learned counsel for the applicant argued that the applicant is completely innocent and has been falsely implicated in the present case. He would submit that there is no incriminating material against the applicant, which held him guilty for 3 commission of offence 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 65 years and is suffering with several diseases since long time. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that this anticipatory bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, considering the fact that applicant is aged about 65 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 – P. N. Mishra, 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:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any 4 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 Madhurima