1 2025:CGHC:59478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1931 of 2025 Umashankar Jaiswal S/o Late Dhananjay Jaiswal Aged About 26 Years R/o Village- Mahuli, Post- Sulsuli, P/s Trikunda, Distt.- Balrampur- Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station Trikunda, Distt.- Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 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. 67/2025 registered at Police Station – Trikunda, District Balrampur (C.G.) for the offences punishable under 318(4) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3/7 of the Essential Commodities Act, 1955. 2. The prosecution story in brief is that the complainants, namely, Upendra Lahare, Pradeep Lahare, Satyendra Yadav, and other villagers lodged a complaint with the Collector, Balrampur, and the Sub-Divisional OfÏcer, Wadrafnagar, District Balrampur-Ramanujganj (C.G.), against the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.09 11:06:16 +0530 2 present applicant regarding irregularities in the distribution of commodities from the Government Fair Price Shop, Mahuli. On the basis of the complaint, the Food Inspector conducted an enquiry, which revealed that the operating agency of the Government Fair Price Shop, Mahuli, is Sangam Mahila Swa Sahayta Samuh, and that the present applicant was serving as Assistant Seller at the shop. It was found that the applicant illegally obtained 19.25 quintals of rice, 55 kg of sugar, and 110 kg of chana from the Government Fair Price Shop in the name of deceased persons, thereby causing a government loss of Rs. 87,488/-, which is recoverable from him. Accordingly, the applicant is alleged to have committed serious irregularities in running the Government Fair Price Shop, in violation of Clauses 5(12), 11(5)(6), 12(3), and 13(1) of the Chhattisgarh State Public Distribution System (Control) Order, 2026, punishable under Section 3/7 of the Essential Commodities Act, 1955. On the basis of the enquiry, the Clerk of the Sub-Divisional OfÏcer, Wadrafnagar, lodged an Information Report for an offence punishable under Section 318(4) of the B.N.S. and Section 3/7 of the Essential Commodities Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the First Information Report was not lodged by the aggrieved person. The Food Inspector also did not record the statements of the family members who had received the commodities after submitting the ration card. As per the First Information Report, it is alleged that the present applicant illegally obtained 19.25 quintals of rice, 55 kg of sugar, and 110 kg of chana from the Government Fair Price Shop, Mahuli, in the name of deceased persons, thereby causing a loss of Rs. 87,488/-, which is recoverable from him. It is respectfully submitted that the present applicant has 3 already deposited the said amount of Rs. 87,488/- through Treasury Challan. He also submits that the allegation against the applicant relates only to alleged irregularities in running the Government Fair Price Shop in violation of Clauses 5(12), 11(5)(6), 12(3), and 13(1) of the Chhattisgarh State Public Distribution System (Control) Order, 2026, which is punishable under Section 3/7 of the Essential Commodities Act, 1955, and is bailable in nature. He submits that for the alleged irregularities, the Sub-Divisional OfÏcer issued a show-cause notice to the President of Sangam Mahila Swa Sahayta Samuh, the operating agency of the Government Fair Price Shop, Mahuli. On the basis of the enquiry report submitted by the Food Inspector regarding the same allegations, the Sub-Divisional OfÏcer, Wadrafnagar, District Balrampur-Ramanujganj, suspended the license of the Government Fair Price Shop, Mahuli, vide order dated 03.10.2025. He further submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicant and submits that the present applicant embezzeled food grains worth Rs.87,488/- therefore, he is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as the present applicant has already deposited the amount of Rs. 87,488/- through Treasury Challan, and the Sub-Divisional OfÏcer, Wadrafnagar, District Balrampur–Ramanujganj, has suspended the licence of the Government Fair Price Shop, Mahuli, vide order dated 03.10.2025, and further taking into account that the applicant has no criminal antecedents, I am, without 4 commenting further on the merits of the case, inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Umashankar Jaiswal on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek