1 2025:CGHC:30649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4215 of 2025 1. Santosh Kumar S/o Jawahir Aged About 31 Years R/o Village Bebdi, Police Chowki Balangi, Thana Raghunathnagar, Distt. Balrampur Ramanujganj (C.G.) 2. Jeetlal S/o Besahu Aged About 40 Years R/o Village Bebdi, Police Chowki Balangi, Thana Raghunathnagar, Distt. Balrampur Ramanujganj (C.G.) 3. Jaagpati Pando W/o Jeetlal Aged About 41 Years R/o Village Bebdi, Police Chowki Balangi, Thana Raghunathnagar, Distt. Balrampur Ramanujganj (C.G.) 4. Kanhaiya Lal S/o Jokhan Aged About 54 Years R/o Village Bebdi, Police Chowki Balangi, Thana Raghunathnagar, Distt. Balrampur Ramanujganj (C.G.) --- Applicants versus State of Chhattisgarh Through Police Chowki Balangi, Thana Raghunathnagar, Distt. Balrampur Ramanujganj (C.G.) --- Non-Applicant For Applicants : Mr. Pushp Kumar Gupta, Advocate. For Non-Applicant/State : Mr. Sangharsh Pandey, Government Advocate. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.05 13:19:27 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07 .202 5 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 39/2025, registered at Police Station – Raghunathnagar, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 316(5), 318(4), 61(2) of Bharatiya Nyay Sanhita, 2023 and Sections 3 and 7 of Essential Commodities Act. 2. The case of the prosecution, is that on 10.04.2025, from the Sub- Divisional Officer (Revenue) and Magistrate, Wadrafnagar, to the Police Station In-charge of Raghunathnagar, alleging that in March 2025, food grains were not distributed to 144 beneficiaries at the Government Fair Price Shop Bebadi, despite thumb impressions being taken in the e-pass machine. The applicants and co-accused are held responsible. Consequently, Crime No. 39/2025 was registered under Sections 316(5), 318(4), and 61(2) of the IPC, and Sections 3 and 7 of the Essential Commodities Act. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 17.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application. It is further submitted that in the month of March 2025, food grains were not distributed to 144 beneficiaries by putting thumb 3 impression in the e-pass machine in the Government Fair Price Shop Bebadi, for which the accused/applicants Secretary Seema Jaiswal, Sarpanch Jagmati, Assistant Seller Santosh Kumar and former Sarpanch husband Jeetlal and weigher Kanhaiya Lal are fully responsible , therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is no any criminal antecedents registered against the present applicants, further the charge-sheet has been filed against the applicants, which is taken on record, the applicants are in jail since 17.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1, 2, 3 and 4 - Santosh Kumar, Jeetlal, Jaagpati Pando and Kanhaiya Lal, respectively involved in Crime No. 39/2025, registered at Police Station – Raghunathnagar, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 316(5), 318(4), 61(2) of Bharatiya Nyay Sanhita, 2023 and Sections 3 and 7 of Essential Commodities Act, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and 4 pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti