1 2025:CGHC:50469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7085 of 2025 Mrs. Ganga Khandekar W/o Rameshwar Khandekar Aged About 28 Years R/o Village- Ghogharanala Champa, P.S.- Champa, District- Janjgir-Champa C.G. ... Applicant versus State Of Chhattisgarh Through Officer In Charge, P.S.- Champa, District- Janjgir-Champa C.G. ... Respondent For Applicant : Shri Achyut Tiwari, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.176/2025 registered at Police Station Champa, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 316(5), 318(4), 3(5) of B.N.S. 2023 and Sec. 3 and 7 of Essential Commodities GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 14:38:41 +0530 2 Act, 1955. 2. Facts of the case are that Purva Mahila Swa-Sahayata Samuh, a registered society under the Chhattisgarh Society Registration Act, 1973 (Reg. No. 4169 dated 10.03.2006), through its President Smt. Ganga Bai Khandekar, was allotted a Fair Price Shop at Village Champa (Shop ID No. 541003006) on 08.06.2017, which it operated smoothly up to 03.03.2025. On the basis of an anonymous complaint, the Food Officer, District Janjgir-Champa issued a show-cause notice dated 24.05.2024 alleging deficiency of food grains. The applicant duly submitted a reply explaining that due to a server breakdown and non- functional electronic machine, transactions were not updated online though proper distribution and record maintenance were done. Without proper enquiry, physical verification, or opportunity of hearing, the Sub- Divisional Officer (R) suspended the shop on 03.03.2025 and attached it to another society — Maa Kali Khadya Suraksha Poshan evam Upbhokta Seva Sahakari Samiti Maryadit (Shop ID No. 541003016). Subsequently, a recovery notice of Rs.12,85,572/- was issued against the applicant without enquiry or order of the Court. The applicant applied for certified copies of relevant records on 08.04.2025, but they were not provided. Aggrieved, the applicant filed W.P.(C) No. 2003/2025 before the Hon’ble High Court challenging the illegal suspension and recovery proceedings. During pendency of the writ petition, an F.I.R. No. 176/2025 dated 04.05.2025 was lodged by the Food Officer against the applicant and other accused on false allegations. 3. Learned counsel for the applicant submitted that the applicant is 3 innocent and she has been falsely implicated in this case. He would submit that two cases were registered against the applicant and in one of the case which was registered as case Crime No.177/2025, registered at Police Station Champa, District- Janjgir-Champa (C.G.) for the similar offence applicant has already been granted bail by this Court in MCRC No.7280/2025 on 11/09/2025. He would submit that the charge sheet has been filed in this case, applicant is in jail since 31/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, considering the fact that two cases were registered against the applicant and in one of the case which was registered as case Crime No.177/2025, registered at Police Station Champa, District- Janjgir-Champa (C.G.) for the similar offence applicant has already been granted bail by this Court in MCRC No.7280/2025 on 11/09/2025, period of detention of the applicant since 31/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Mrs. Ganga Khandekar, involved in Crime No.176/2025 registered at Police Station Champa, District- Janjgir-Champa (C.G.) 4 for the offence punishable under Sections 316(5), 318(4), 3(5) of B.N.S. 2023 and Sec. 3 and 7 of Essential Commodities Act, 1955, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the 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 5 the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri