1 2025:CGHC:54260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1705 of 2025 • Vivek Gupta S/o Late Rajendra Prasad Gupta, Aged About 35 Years R/o Village Sajbahar, Post- Tapkara, Tahsil Farsabahar, District Jashpur (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station- Tapkara, District Jashpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Manoj Chouhan, Advocate For Respondent/State : Mr. Jitendra Shriwastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.11.2025 1. This is the First anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.73/2025 registered at Police Station – Tapkara, District – Jashpur (C.G.) for the offence punishable under Sections 318(4), 316(5) of BNS, 2023 and Sections 3, 7 of Essential Commodities Act. 2. The prosecution story, in brief, is that the present applicant is engaged as Salesman and it is alleged that the applicant along with co-accused Ku. Sonam Lakra (Sarpanch) & Ushavati (Panchayat Secretary) have not distributed the food grain to the beneficiaries/ VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.07 17:38:29 +0530 2 ration card holders in spite of storage of food grains in Fair Price Shop bearing I.D. No. 562007050 and thereby misappropriated the ration. The report to the above effect was lodged by Food Inspector namely Hemprakash Bhardwaj before the Police Station, Tapkara on 21.09.2025 and on the basis of said report, the aforesaid alleged offences have been registered against the accused persons including present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the present applicant Vivek Gupta was appointed as Salesman for running the fair price shop. He further submits that co-accused persons have already been granted anticipatory bail by this Court in MCRCA No.1587 of 2025 and MCRCA No.1603 of 2025 vide order dated 15.10.2025 and 16.10.2025 respectively. A copy of said bail orders are annexed herewith as Annexure -A/4. Therefore, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and considering the fact that co-accused persons have already been granted anticipatory bail by this Court in MCRCA No.1587 of 2025 and MCRCA No.1603 of 2025 vide order dated 15.10.2025 and 16.10.2025 respectively, this Court is of the view that the applicant is entitled to be granted 3 anticipatory bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vivek Gupta on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali