1 2025:CGHC:60443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10249 of 2025 Vijendra Singh S/o Sheshram Aged About 38 Years R/o Village Shivnandanpur, P.S. Vishrampur, District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Vishrampur, District Surajpur (C.G.) ... Non-Applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 152/2025 registered at Police Station- Vishrampur, District Surajpur, (C.G.) for the offence punishable under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 7 of the Essential Commodities Act. 2. Case of the prosecution, in brief, is that the alleged incident occurred between 01.07.2023 and 08.10.2024. The FIR was RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 lodged by Nitish Kumar, Food Inspector, Surajpur, stating that Chanda Self Help Group (SHG), to which the Fair Price Shop, Shivnandanpur (ID No. 392009001) had been allotted under Order No. 722 dated 26.12.2018, was found involved in large-scale irregularities. The co-accused is the operator of the SHG, while the present applicant served as the distributor at the said Fair Price Shop. During physical verification on 02.05.2024, significant shortages were detected—242.46 quintals of APL rice, 245.12 quintals of BPL rice, 5.05 quintals of sugar and 2.42 quintals of gram. Discrepancies were also found in the E-PoS online entries for July 2023 and for the period October 2022 to June 2023. Show cause notices were issued to the co-accused on 07.06.2024 and to the applicant on 09.09.2024, to which replies were filed but found unsatisfactory. Consequently, by Order No. 1913 dated 23.08.2024, the allotment of the Fair Price Shop to Chanda SHG was cancelled, and the shop was attached to the Fair Price Shop at Miners Colony, Nagar Panchayat Vishrampur. As per the verification report dated 08.10.2024, further shortages of 235.23 quintals of APL rice, 150.54 quintals of BPL rice, 11.07 quintals of sugar, 12.71 quintals of salt and 27.7 quintals of gram were recorded as compared to online entries. In total, shortages of 866.23 quintals of APL rice, 449.64 quintals of BPL rice, 16.71 quintals of sugar, 14.01 quintals of salt and 31.42 quintals of gram amounting to ₹54,31,028.13 were found, along with unpaid D.O. dues of ₹1,07,930.11 for September and October 2024, leading to registration of the present offence. 3 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed any act constituting the said offences, the allegations being baseless and devoid of any cogent evidence. He submits tha the applicant had earlier sought anticipatory bail before this Hon’ble Court in MCRCA No. 1064/2025, which was rejected vide order dated 21.07.2025, and subsequently filed an application for surrender before the trial court, which was duly accepted. It is submitted that before 26.12.2018, the Fair Price Shop, Shivnandanpur (ID No. 392009001) was operated by Shyamlal Prajapati Samiti Jainagar, during which period irregularities in stock and online entries existed, as communicated by the co-accused via letter dated 05.01.2019 and afÏrmed in reply dated 18.05.2023. Further, during the COVID-19 period, the E-PoS machine was not functioning, making it impossible to record thumb impressions of beneficiaries, and the online entries were updated later, leading to negative entries which did not correspond with actual stock. The discrepancies in stock were recorded and brought to the notice of the authorities, including in the replies dated 27.03.2025, and show cause notices issued to the applicant and co-accused on 09.09.2024 and 07.06.2024, which were satisfactorily explained but ignored by the authorities. Additionally, the co-accused wrote to the Collector, Surajpur, on 28.05.2025 highlighting the situation and requesting proper investigation, but no remedial action was taken. The applicant is in jail since 26.08.2025, the charge-sheet has been filed, and the trial is likely to take considerable time to conclude. 4 Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant, being the distributor of the Fair Price Shop, Shivnandanpur (ID No. 392009001), was responsible for the stock maintained at the shop. Large-scale irregularities amounting to 866.23 quintals of APL rice, 449.64 quintals of BPL rice, 16.71 quintals of sugar, 14.01 quintals of salt, and 31.42 quintals of gram, valued at ₹54,31,028.13, were detected during verification, along with unpaid D.O. dues of ₹1,07,930.11 for September and October 2024. Despite issuance of show cause notices and opportunity to explain, the discrepancies were found unsatisfactory, and the shop allotment was revoked. The applicant was actively involved in the distribution of the rations and thereby liable for the shortages and financial loss caused to the Government. Considering the seriousness of the offence, the magnitude of loss, and the applicant’s active role, granting bail at this stage would hamper the ongoing investigation and pose a risk to public interest, hence the application for bail may be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, and the fact that though the applicant, as the distributor of the Government Fair Price Shop, Shivnandanpur, allegedly failed to account for and properly 5 distribute large quantities of ration (rice, sugar, gram, salt) between July 2023 and October 2024, resulting in a total shortfall of essential commodities worth Rs. 54,31,028.13, and also failed to pay D.O. amount of Rs. 1,07,930.11 for September and October 2024, despite receiving show-cause notices from the authorities, but the applicant has no criminal antecedents, he is in jail since 26.08.2025 and the charge-sheet has been filed in the present case, and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Vijendra Singh, involved in Crime No. 152/2025 registered at Police Station- Vishrampur, District Surajpur, (C.G.) for the offence punishable under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 7 of the Essential Commodities Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through 6 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan