1 2025:CGHC:51492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1587 of 2025 • Ushavati Yadav Wife Of Rameshwar Yadav Aged About 51 Years Resident Of Village Uparghincha, Post- Khutgaon 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 Applicant : Mr. Manoj Chouhan, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer For Objector Mr. Manoj Kumar Sinha, Advocate Hon’ble Mr. Justice Ramesh Sinha, Chief Justice Order on Board 15/10/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her 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 and Section 3, 7 of Essential Commodities Act (as per bail rejection order). 2. The prosecution story, in brief, is that the present applicant is VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.17 10:54:50 +0530 2 working as Panchat Secretary and it is alleged that the applicant along with co-accused Ku. Sonam Lakra (Sarpanch) and Salesman Vivek Gupta have not distributed the food grain to the beneficiaries/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, alleged offences have been registered. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant being a lady is innocent and has been falsely implicated in this case. It is submitted that applicant has no criminal antecedent and the Fair Price Shop of Gram Panchayat, Sajbahar bearing I.D. No.562007050 is being run by the Gram Panchayat, Sajbahar and vide proposal dated 09.03.2021, the co-accused was appointed as Salesman for running the said fair price shop and he used to distribute the food grain to the beneficiaries and there is no role of present applicant in misappropriation of food grains of fair price. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 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 leveled against the applicant, and from the perusal of the case diary it transpires that applicant has no criminal 3 antecedent and applicant is a lady, who is aged about 51 years, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ms. Ushavati Yadav 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 her 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 her 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali