1 2025:CGHC:405 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8429 of 2024 Jagdish Prasad Rautiya @ Mahendra Kumar S/o Rambaran Rautiya Aged About 41 Years R/o Village Bhainapara, P.S. Kharsiya, District- Raigarh, Chhattisgarh (In Jail) --- Applicant(s) versus State Of Chhattisgarh Through P.S. Kharsiya, Distt.- Raigarh, Chhattisgarh --- Non-Applicant(s) For Applicant(s) : Mr. F.S. Khare, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 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. 601/2024 registered at Police Station Kharsiya, Distt.- Raigarh (C.G.) for the offence punishable under 2 Section 409 of the Indian Penal Code ( for short ‘IPC’). 2. Case of the prosecution, in brief, is that the applicant was operation a government fair price shop at Gram Panchayat Bhainapara and Gidha and it is alleged that the applicant was not maintaining stock register, distribution register and other register and in the month of November, 2023 the ration of 455 ration card holder was supplied by the government out of 573, but the ration was not supplied to Chandrakala Gabel, Aruni Yadav and Sumitra Bai Gabel, thereafter a physical inspection of stock was done and it was found that there was misappropriation with the stocks of Rs.26,66,078.29/-, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant is not operation any fair price shop, he was only a seller working under Surpanch of Gram Panchayat and the entire registers were maintained by Surpanch of Gram Panchayat and there is every possibility of saving other persons by implicating the applicant in the present case. The applicant is in jail since 06.10.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits 3 that the applicant was involved in misappropriation of stocks in fair price shop at Gram Panchayat Bhainapara and Gidha of Rs.26,66,078.29/-, therefore, the applicant is not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicant since 06.10.2024, the fact that though the applicant involved in the case of misappropriation of stocks in fair price shop at Gram Panchayat Bhainapara and Gidha of Rs.26,66,078.29/-, but the applicant has no criminal antecedents and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Jagdish Prasad Rautiya @ Mahendra Kumar, involved in Crime No. 601/2024 registered at Police Station Kharsiya, Distt.- Raigarh (C.G.) for the offence punishable under Section 409 of IPC, 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 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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 is deliberate or without sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil