1 2025:CGHC:53891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1672 of 2025 Janak Lal Soni S/o Shri Gandhi Prashad Soni Aged About 27 Years R/o House No. 974, Ring Road No. 1, Shiv Nagar, Santoshi Nagar, Raipur (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Khamtarai, Distt.- Raipur (C.G.) --- Respondent(s) MCRCA No. 1671 of 2025 Shashi Soni W/o Shri Janak Lal Soni Aged About 28 Years R/o House No. 974, Ring Road No. 1, Shiv Nagar, Santoshi Nagar, Raipur (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through The Station House Officer, Police Station Khamtarai, District - Raipur (C.G.) --- Respondent(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 For Applicant(s) : Mr. Shivam Mishra, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.11.2025 1. Since the above-mentioned bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These first anticipatory bail applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) have been filed by the applicants, who are apprehending their arrest in connection with Crime No.1046/2025 registered at Police Station Khamtarai, Distt.- Raipur (C.G.) for the offence punishable under Section 420, 409, 34 of IPC and Section 3/7 of E.C. Act. 3. Prosecution case in brief is that the on the basis of a written complaint made by Food Inspector Suchitra Kashyap, an enquiry was conducted by Food Inspector Chhatrapal Dewangan against Shashi Soni and Janak Lal Soni, in connection with the functioning of the Government Fair Price Shops bearing I.D. Nos. 441001194 and 441001014, operated under Maa Kankali Mahila Swayam Sahayata Samuh at Khamtarai, District Raipur (C.G.). It was alleged that the accused persons, by falsely representing themselves as office bearers of the said society, prepared forged documents and misappropriated government food grains. 3 4. During the enquiry, shortage of 222.69 quintals of rice and 3.24 quintals of sugar in Shop I.D. 441001194, and 241.58 quintals of rice and 0.71 quintals of sugar in Shop I.D. 441001014 was found. Despite directions to produce audit reports, bank statements, and proof of deposit of the shortfall amount within two days, the same were not furnished. On the basis of the enquiry report submitted to the District Food Controller, Raipur, offences were registered against both the accused persons, and investigation is continuing. Hence, the bail application. 5. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. He further submits that the applicants are responsible family members and are the sole caretakers of their elderly parents and three minor children aged about 2, 5, and 7 years respectively. Their continued detention would cause severe hardship and irreparable loss to the family’s maintenance and well-being. The prosecution case is primarily based on an audit report concerning discrepancies in food grain distribution, which is purely a documentary and accounting matter not warranting custodial interrogation. No recovery has been effected from the applicants, nor is there any direct or material evidence connecting them with the alleged misappropriation, hence he prays for grant of anticipatory bail to the applicants. 6. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicants are 4 alleged to have, by falsely representing themselves as office bearers of Maa Kankali Mahila Swayam Sahayata Samuh, prepared forged documents and misappropriated government food grains from the Government Fair Price Shops bearing I.D. Nos. 441001194 and 441001014 at Khamtarai, District Raipur (C.G.), therefore, the applicants are not entitled for grant of bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that the applicant are alleged to have, by falsely representing themselves as office bearers of Maa Kankali Mahila Swayam Sahayata Samuh, prepared forged documents and misappropriated government food grains from the Government Fair Price Shops bearing I.D. Nos. 441001194 and 441001014 at Khamtarai, District Raipur (C.G.), but considering the fact that the applicants are husband & wife and they have no criminal antecedents, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants -Janak Lal Soni and Shashi Soni, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they 5 shall be released on bail on the following conditions:- (a) They 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) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the sureties 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) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil