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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1375 of 2025 Smt. Rameshwari Kanwar W/o Narsingh Kanwar Aged About 45 Years R/o Village Shahpur, Dharamjaigarh P.S. And Tehsil Dharamjaigarh, District - Raigarh(C.G.) ...Applicant
versus State Of Chhattisgarh Through Station House Officer P.S. Dharamjaigarh, District - Raigarh (C.G.) ... Non-applicant
For Applicant : Mr. Ashutosh Biswas, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.09.2025
1. This is the second anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.205/2025, registered at Police Station – Dharamjaigarh District – Raigarh (C.G.) for the alleged commission of offence punishable under Sections 316(5) & 3(5) of BNS & 3/7 of Essential Commodities Act. 2. The earlier bail application of the applicant, being MCRCA No. 1306 of 2025, was dismissed as withdrawn on technical grounds vide order dated 29.08.2025, with liberty to file afresh. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 18:38:11 +0530
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3. As per the prosecution, Food Inspector, Dharamjaigarh Dist. Raigarh (CG) lodged an FIR No. 205/2025 at P.S. Dharamjaigarh, Dist. Raigarh regarding irregularities committed by applicants in connection with the government fair price shop operated by local self-help group. Allegations are regarding diversion and non-distribution of government supplied food grains (rice, sugar, salt, chana) to eligible ration card holders, with a stated economic impact of 11,93,533.02/- That, the Applicant as President of Self-Help Group was not personally responsible for distributing ration from the government-authorized fair price shop at Village Shahpur. The shop was managed by the Vendors, who handled receipt and distribution, and the Applicants had no duties or involvement in this process. The Vendor maintained the stock register and was responsible for all distribution activities; the Applicant had no knowledge of or participation in any criminal activity related to the ration. 4. The applicant, who are President and Secretary of the concerned Self- Help Group, have been falsely implicated in the alleged offence despite their limited role being confined to day-to-day distribution and stock- keeping, while the handling of EPOS machines and diversion of food grains was the responsibility of the Vendors/Shopkeepers.
The case diary itself reflects that the alleged diversion was carried out by Vendors, and there is no direct evidence to establish the applicants’ active participation, conspiracy, or unlawful conduct; their names appear only due to their official posts. She is housewives and breadwinners of their families, and their detention would cause severe hardship to their dependents. The rejection of their anticipatory bail by the court below was based on mere assumptions without substantive
3 / 4 evidence, which is impermissible in law. The trial is likely to take time, and there is no likelihood of the applicants absconding, threatening witnesses, or tampering with evidence, as they are permanent residents of District Raigarh (C.G.) with deep roots in society. He is willing to furnish adequate security and abide by all conditions imposed by this Hon’ble Court; hence, she deserve to be released on bail. 5. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Smt. Rameshwari Kanwar, 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) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.
(b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she shall appear before the trial Court on each
4 / 4 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) she shall not involve hermself in any offence of similar nature in future. Sd/-
(Ramesh Sinha) CHIEF JUSTICE vaibhav