1 2025:CGHC:50470 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7281 of 2025 Ritesh Khandekar S/o Chhannu Lal Khandekar, Aged About 29 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 14:38:42 +0530 2 Act, 1955. 2. Facts of the case are that Purva Mahila Swa-Sahayata Samuh is a registered society under the Chhattisgarh Society Registration Act, 1973 (Reg. No. 4169 dated 10.03.2006). The applicant worked in the Fair Price Shop of the society along with Smt. Ganga Bai Khandekar, the President. The society was allotted a Fair Price Shop at Village Champa (Shop ID No. 541003006) on 08.06.2017, which it operated properly till 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 submitted a detailed reply, explaining that due to server breakdown and non-functioning of the e-machine, online entries could not be updated though actual distribution was made and recorded in registers. Without conducting any physical verification, enquiry, or affording 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, Champa (Shop ID No. 541003016). Subsequently, a recovery notice of Rs.12,85,572/- was issued without enquiry or court order. Despite applying for certified copies of records on 08.04.2025, none were supplied to the applicant. 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 said writ petition, the Food Officer lodged F.I.R. No. 176/2025 dated 04.05.2025 against the applicant on false and baseless allegations. The bail application before the lower court was dismissed on 29/08/2025, hence the present bail application is being filed before this Court. 3 3. Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in this case. He would submit that the impugned notice for recovery has been issued without conducting any proper enquiry or physical verification, in clear violation of the mandatory procedure prescribed under the Chhattisgarh Public Distribution System (Control) Order, 2016. He would submit that the allegations against the applicant are false, baseless, and motivated, as the shortage alleged was only due to technical/server failure, not any misappropriation or misconduct. 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. He would submit that there is no criminal antecedents against the applicant. 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, period of detention of the applicant since 31/07/2025, charge sheet has been filed, applicant has no criminal antecedents 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- Ritesh Khandekar, involved in Crime No.176/2025 4 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 Act, 1955, be released on bail on his 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 5 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 him 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