1 2025:CGHC:6620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 134 of 2025 Imdad Khan S/o Niyamat Khan Aged About 48 Years R/o Musalmaan Para, P.S. - Dharsiwan District - Raipur (C.G.). ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Dharsiwan, District – Raipur (C.G.). ... Non-applicant For Applicant : Mr. Sameer Oraon, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 684/2024 registered at Police Station – Dharsiwan, District – Raipur (C.G.) for the offence punishable under Section 3 and 7 of the Essential Commodity Act and Section 408/34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that on 14.12.2024 an FIR was lodged by food inspector against the present applicant and Aman Nirmalkar. It was alleged in the report that, an enquiry was conducted of Government Fair Price Shop having ID no. 442001002 Gram Panchayat Dharsiwan, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 by complainant and found out that from year 2016 to 2024 irregularities was surfaced during e-distribution system and found out that since the year 2016 under different food item distribution irregularities was found with the stocks. The matter was reported to the Police and present applicant who is recruited as peon in 2016 was implicated and falsely mentioned as manager of the society in FIR instead of designated Manager Bhola Prasad Soni. The applicant submits that he is appointed as peon in the society in the year 2006, thereafter he was promoted by the society in the year 2013 as clerk. Since then he is working as clerk and only performing duty and function of clerk. The duration in which the irregularities was found he was posted as clerk in society and during this period one Bhola Prasad Soni was posted as manager of the society, who was responsible for all rthe entries of the stock in tablet assigned to him. Hence, this application. 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 co-accused person namely Aman Nirmalkar has been granted anticipatory bail by this Court dated 15.01.2025 passed in MCRCA No. 63/2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel 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 3 of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the co-accused person namely Aman Nirmalkar has been granted anticipatory bail by this Court dated 15.01.2025 passed in MCRCA No. 63/2025, 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 – Imdad Khan on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar