Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51737
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1603 of 2025 Ku. Sonam Lakra D/o Shri Agastus Lakra Aged About 30 Years R/o Village Sajbahar, Post - Tapkara, Tahsil - Farsabahar, District - Jashpur Chhattisgarh ...Applicant
versus State Of Chhattisgarh Through The Station House Officer, Police Station - Tapkara, District - Jashpur Chhattisgarh ...Non-applicant For Applicant : Mr. Manoj Chauhan, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. For Objector : Mr. Manoj K. Sinha, Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 16.10.2025
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 his arrest in connection with Crime No. 73/2025 registered at Police Station – Tapkara District – Jashpur (C.G.) for the offences 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 an Elected Sarpanch of Gram Panchayata, Sajbahar and it is alleged that VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 11:33:41 +0530
2 the applicant along with co-accused Ushavati (Panchayat Secretary) 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, the aforesaid alleged offences have been registered against the accused persons including present applicant. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case. The Fair Price Shop of Gram Panchayat, Sajbahar, bearing I.D. No. 562007050, is operated by the Gram Panchayat itself, and vide proposal dated 09.03.2021, one Vivek Gupta was appointed as Salesman to distribute food grains to the beneficiaries. Due to frequent internet and technical problems in the E-POS machine, ration distribution was done manually by making entries in the register, causing discrepancies in the online records, for which the Union of Sarpanch had already informed the higher authorities.
In respect of alleged misappropriation in the PDS, a complaint was made before the S.D.O. (Revenue), Farsabahar, where Case No. 202504032100013 is pending, yet during its pendency, the present FIR has been lodged on the same allegations, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as leaned counsel for the objector opposed the bail application of the applicant. 3
5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, particularly as the co-accused has already been granted bail by the trial court in MCRCA No. 1587 of 2025 vide order dated 15.10.2025, without commenting further on the merits of the case, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ku. Sonam Lakra, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) she 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) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be
4 verified by the trial Court. (e) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav