1 2025:CGHC:53431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1658 of 2025 Pawan Singh S/o Late Deep Narayan Singh Aged About 44 Years R/o Ghutrapara, P.S And Tahsil- Ambikapur, Distt- Surguja (C.G.) ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Ambikapur, Distt- Surguja (C.G.) ... Non-applicant For Applicant : Mr. A.N. Pandey, Advocate For Non-applicant : Mr. Jitendra Shrivastava, Government Advocate For Objector : Mr. Abhinaw Dubey, Advocate SB : Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 31.10.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 742/2025, registered at Police Station – Ambikapur, District – Surguja (C.G.) for the alleged commission of offence punishable under Sections 420, 409, 120 (B) of the Indian Penal Code, 1860 and under Sections 3 & 7 of the Essential Commodities Act, 1955. 2. The story in brief is such that, on 07.10.2025, Food Inspector Shivkumar Mishra (complainant), lodged written report before the Police Station Ambikapur alleging that the Government Fair Price Shops bearing no. 391001071, 391001029 & 391001054 are operated by Jankalyan Khaadya Suraksha Poshan and Upbhokta Sewa Sahkari Samiti, Ghutrapra SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 (Ambikapur) and the concerned Food Inspector inspected the all Fair Price Shops being run & managed by the Jankalyan Samiti and during inspection as of September 2022 and March 2024, a shortage of was found on total value of the food grains in all the Fair Price Shops. The total value of food grains was Rs. 64,94,120.67/-, which included a shortage of 1631.29 quintals of rice worth Rs 61,62,267.96/- and 10.43 quintals of sugar worth Rs 49,160.62/- and 48.34 quintals of chickpeas worth of Rs 29,26,92/- and for the said shortage in all the Fair Price Shops, the President and Vice- President of the Jankalyan Khaadya Suraksha Poshan and Upbhokta Sewa Sahkari Samiti - Ghutrapra (Ambikapur) i.e. the applicant and Smt. Sunita Paikra and the salesmen of all Fair Price Shops namely, Farhan Sidique, Prince Jaiswal and Mukesh Yadav were found to be jointly responsible. On the basis of report, police registered the alleged offences against the present applicant and other accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant is the President of the above Samiti and was allotted the Samiti since, June, 2021. He submits that the operations of the Fair Price Shops were managed by the salesmen i.e. Farhan Sidique, Prince Jaiswal and Mukesh Yadav and therefore, the shortage which was found in the Fair Price Shops are not committed by the present applicant. Further, he submits that the proceedings were initiated without passing any final order by the Food Inspector which is a mandatory provisions under clause 16 (3) of the Chhattisgarh Public Distribution and Control Order, 2016 and the learned Tehsildar issued RCC notice to the applicant and other co-accused persons and the said proceeding is still pending consideration. He contended that the present case is totally civil in nature which has been given criminal colour and thus, during the pendency of the proceedings, the FIR was registered. He submits that there delay in lodging of the FIR and there is no material available 3 against the applicant and the said FIR is registered only to falsely implicate the applicant. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant has committed forgery being President of the Fair Price Shops by making shortage of the essential food grains and selling them in the black market. He further submits, that though the proceedings are pending before the Tehsildar, however, the FIR has been registered against the applicant after due enquiry conducted by the authorities and prima facie, there are ample evidence available against the applicant showcasing his involvement in the present case. He submits that two of the co-accused persons have already been arrested and the applicant being President of the Fair Price Shops was well acquainted with the forgery committed by the other co-accused persons. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, submission of counsel for the respective parties and material on record in the case diary, documents enclosed along with the bail application which clearly amplifies the fact that the Food Officer has recorded the statement of the applicant after conducting the enquiry proceedings, in which the applicant has stated that after the investigation as on September 2022, upon finding the shortage of 1631.29 quintals of rice amounting to Rs. 61,62,267.96/-, 10.43 quintals of sugar amounting to Rs. 49,160.62/- and 48.34 quintals of gram amounting to Rs. 2,92,692.09/- which comes to total shortage of Rs. 64,94,120.67/-, RRC has been issued through the Tehsildar Office, Ambikapur, therefore, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant – Pawan Singh, involved in Crime No. 742/2025, registered at Police Station – Ambikapur, District – 4 Sarguja (C.G.) for the alleged commission of offence punishable under Sections 420, 409, 120 (B) of the Indian Penal Code, 1860 and under Sections 3 & 7 of the Essential Commodities Act, 1955, stands rejected. 8. Certified copy as per rules. Sd/- (Ramesh Sinha) Chief Justice Dey