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2025 DAILYLAW 52007 (CHH)

SMT. UMA DUDHIYA v. STATE OF CHHATTISGARH

MCRCA/1519/2025 · 2025-10-05

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Judgment text

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1 2025:CGHC:49655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1519 of 2025 Smt. Uma Dudhiya, Aged About 35 Years, W/o Rajesh Dudhiya Village Shahpur, Dharamjaigarh, P.S. And Tehsil Dharamjaigarh, Distt. Raigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Dharamjaigarh, Distt. Raigarh, Chhattisgarh. ... Respondent For Applicant : Shri Ashutosh Biswas, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/10/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.205/2025 registered at Police Station – Dharamjaigarh, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.07 14:37:27 +0530 2 Dist.: Raigarh (C.G.) for the offences punishable under Sections 316(5) & 3(5) of BNS & 3/7 of Essential Commodities Act. 2. Case of the prosecution, in brief, is that Food Inspector, Dharamjaigarh Dist. Raigarh (C.G.) lodged an FIR No. 205/2025 at P.S. Dharamjaigarh, Dist. Raigarh regarding irregularities committed by applicant and other co-accused in connection with the government fair price shop operated by local self-help group. Allegations are regarding diversion and non-distribution of government-supplied food grains (rice, sugar, salt, chana) to eligible ration card holders, with a stated economic impact of Rs.11,93,533.02/-. 3. Learned counsel for the applicant submits that the applicant is Secretary of the concerned Self Help Group but her duties are limited to administrative/supervisory matters. The day-to-day distribution, stock-keeping, and handling of EPOS machine was done by the Vendor/Seller, not the applicant, and there is no direct evidence of her involvement in any unlawful diversion or criminal act. He would submit that co-accused Smt. Rameshwari Kanvar has been granted anticipatory bail by this Court in MCRCA No.1375/2025 vide Order dated 09.09.2025. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that co- accused Smt. Rameshwari Kanvar has been granted anticipatory bail by this Court in MCRCA No.1375/2025 on 09.09.2025, further the fact that applicant being a lady, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Uma Dudhiya, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she 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 her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of 4 their adhaar card along with a coloured 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 gouri