1 2025:CGHC:60441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1952 of 2025 Imamul Haq S/o Ismail Khan Aged About 32 Years R/o Village Pent, Ps Sitapur, District- Sarguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Sitapur, District- Sarguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Priyank Rahi, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.262/2024 registered at Police Station Sitapur, District- Sarguja (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 409, 420 of IPC and Sections 3, 7 of Essential Commodities Act. 2. Prosecution case in brief is that Crime No. 262/2024 was registered at Police Station Sitapur, District Sarguja. The allegation against the accused Imamul Haq (Fair Price Shop salesman) and Hazratul Bibi (President of the Co-operative Society) is that they misappropriated government food grains from the Fair Price Shop of village Pet. As per the written report of Food Inspector Naveen Singh, a physical verification and record inspection was conducted for the period from 01/09/2023 to 12/04/2024. During the inspection, a shortage of 171.83 quintals of rice, 1.28 quintals of sugar, and 1.58 quintals of chana was found, amounting to a financial loss of Rs.6,41,714/-. The report states that the accused persons jointly misappropriated the PDS food grains for personal unlawful gain through fraudulent means. On that basis, offences under Sections 409, 420 IPC and Sections 3 & 7 of the Essential Commodities Act were registered. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the fair price shop consistently received a monthly short-supply of nearly 10 quintals of rice, gram, and sugar from the government depot, which naturally caused discrepancies in the physical stock position. These shortages were not due to 3 any misappropriation by the operator but arose from the reduced supply at the source. He also submits that during verification through the Chhattisgarh e-POS system on 09.06.2024, it was found that only 16 quintals of rice was short, while sugar and gram were fully balanced. The variation was duly reconciled in the e- POS records, and no evidence of diversion or misappropriation was found. Additionally, the operator had not received his commission or bardana charges for two years, which further affected the financial calculations, and these amounts were also considered during reconciliation. Moreover, the officials themselves confirmed that after reconciliation, the shortage stood explained and no adverse report would be made. However, despite this clear communication, an FIR has been registered mechanically at a later stage, without considering the earlier reconciliation and explanations given by the concerned authorities, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant is alleged to have while operating the government Fair Price Shop, misappropriated and dishonestly diverted PDS food grains including rice, sugar, and gram, causing a shortage of stock worth Rs.6,41,714/-. He further submits that the applicant along with the co-accused, intentionally committed this act for wrongful gain, and has remained absconding since the incident, not cooperating with 4 the police investigation. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant is alleged to have while operating the government Fair Price Shop, misappropriated and dishonestly diverted PDS food grains including rice, sugar, and gram, causing a shortage of stock worth Rs.6,41,714/-, but considering the fact that the applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate 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 - Imamul Haq, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he 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 5 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 their adhaar card alongwith a colored 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 Akhil