1 2025:CGHC:37924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6032 of 2025 1. Gour Hari Nishad S/o Mangal Nishad Aged About 40 Years R/o Village Kandagarh, P.S. Pusour, District - Raiarh (C.G.) 2. Tikeshwar Seth S/o Munuram Seth Aged About 53 Years R/o Village Kandagarh, P.S. Pusour, District - Raigarh (C.G.) 3. Prashant Seth S/o Tikeshwar Seth Aged About 25 Years R/o Village Kandagarh, P.S. Pusour, District - Raigarh (C.G.) ... Applicants versus State of Chhattisgarh Through Station House Officer, Pusour District - Raigarh (C.G.) ... Non-applicant For Applicants : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State. : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 168/2025 registered at Police Station Pusour, District – Raigarh (C.G.), for the offences punishable under Section 409 R/w Section 34 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.02 11:19:51 +0530 2 2. As per the prosecution story, a written complaint was filed by the Assistant Food Inspector, Pusour, stating that at the Public Distribution Centre in Village Kandagarh, the Secretary, namely Krishnachand Karsh, the then Sarpanch, Smt. Somati Sidar, along with the applicants, misappropriated 232.38 quintals of rice, 14.53 quintals of sugar, and 1,369 liters of kerosene. It is further stated that the present applicant was elected as the Sarpanch of Village Kandagarh on 15.02.2015, and was removed from the said post in the year 2017 through a no-confidence motion. She was re-elected to the same post in February 2018. During her tenure, in the months of June and July 2018, from ID No. 412002075 belonging to the PDS Centre at Kandagarh, 232.38 quintals of rice, 14.53 quintals of sugar, and 1,369 liters of kerosene—amounting to approximately Rs. 5,25,055/-—were allegedly misappropriated, and the staff register was not properly maintained. On the basis of the said complaint, the concerned police registered a case against the present applicant as well as other co-accused persons. 3. Learned counsel for the applicants submits that the present applicants are innocent person who have been falsely implicated in the aforementioned case. He submits that in the year 2018, the main accused, Krishna Chandra Karsh (Secretary), and Smt. Somati Sidar (Sarpanch) were operating the Fair Price Shop at Kandagarh. At that time, the applicants were working merely as weighers (labourers/loaders and unloaders) at the said fair price shop. They had no knowledge of or involvement in the alleged incident. Therefore, no offence under Section 409 read with Section 34 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act is made out against the applicants. He also submits that the present matter pertains to the year 2018 and the main accused, namely, Krishna Chandra Karsh has died during the 3 pendency of the present case. He further submits that the co-accused person, namely, Somati Sidar has already been granted regular bail by this Court in MCRC No. 5795 of 2025 and the applicants are in jail since 08.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the present matter pertains to the year 2018 and the main accused, namely, Krishna Chandra Karsh has died during the pendency of the present case, the other co-accused person, namely, Somati Sidar has already been granted regular bail by this Court in MCRC No. 5795 of 2025. Moreover, the fact that charge-sheet has already been submitted before the competent Court in the present case, the applicants have been languishing in jail since 08.07.2025, conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Gour Hari Nishad, Tikeshwar Seth and Prashant Seth involved in Crime No. 168/2025 registered at Police Station Pusour, District – Raigarh (C.G.), for the offences punishable under Section 409 R/w Section 34 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse 5 of liberty of bail and proceed against them 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 Abhishek