1 2025:CGHC:46620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7280 of 2025 Mrs. Ganga Khandekar W/o Rameshwar Khandekar Aged About 28 Years R/o Village- Ghogharanala Champa, P.S.- Champa, District- Janjgir- Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- Officer In Charge, P.S.- Champa, District- Janjgir- Champa, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Achyut Tiwari, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.09 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 177/2025, registered at Police Station – Champa, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 316(5), 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 7 of Essential Commodities Act, 1995. 2. The case of the prosecution, in brief, is that, the Purva Mahila PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.12 10:48:17 +0530 2 Swa-Sahayata Samuh is a registered society under the Chhattisgarh Society Registration Act, 1973, bearing Registration No. 4169 dated 10.03.2006. Smt. Ganga Bai Khandekar is the President of the said society. The applicant was allotted a Fair Price Shop in Village Champa (Shop ID No. 541003010) in the year 2017, and had been managing and distributing food grains from the said shop until 03.03.2025. Subsequently, an anonymous complaint was made against the applicant, and without proper enquiry or affording an opportunity of hearing, the Food Officer, District Janjgir-Champa, issued a show cause notice dated 24.05.2024, alleging shortage of food grains. The applicants submitted a detailed reply before the Sub-Divisional Officer (R), stating that due to a server breakdown and malfunctioning of the e-PoS machine, although the food grains were duly distributed and entries were made in the physical register maintained by the society, the same could not be uploaded online. Therefore, there was no actual deficiency in the stock. 3. Despite this explanation, and without conducting any physical verification of stock, registers, or the fair price shop, the Sub- Divisional Officer (R) suspended the shop's operations vide order dated 03.03.2025 and attached it to another society, Maa Kali Khadya Suraksha Poshan evam Upbhokta Seva Sahakari Samiti Maryadit, Champa (Shop ID No. 541003016), without conducting any inquiry or affording proper opportunity of hearing. Members of the applicant's society were prohibited from entering the shop premises. The applicant challenged the suspension order by filing a statutory appeal before the Collector, District Janjgir-Champa, which 3 is a separate and pending matter. In March 2025, following the suspension, the applicant received a recovery notice alleging a shortage of food grains. The applicant appeared before the Sub- Divisional Officer (R) on 07.04.2025, denying any irregularity. However, without inquiry or considering the merits of the case, a recovery notice of Rs.25,53,148.32/- was issued. The applicant sought certified copies of relevant documents on 08.04.2025, but no documents have been provided to date. The shop has been under the control of another society since 03.03.2025. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the notice for recovery has been issued without conducting any enquiry or proper physical verification, thereby violating the mandatory procedure prescribed under the Chhattisgarh PDS Control Order, 2016. He further submitted that the charge-sheet has been filed in this case and the applicant is in jail since 31.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has no previous criminal 4 antecedents, further the charge-sheet has been filed in the present case and the applicant is in jail since 31.07.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 8. Accordingly, the bail application is allowed. Let applicant - Mrs. Ganga Khandekar, involved in Crime No. 177/2025, registered at Police Station – Champa, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 316(5), 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 7 of Essential Commodities Act, 1995, 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 5 during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 9. 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 Preeti