1 2025:CGHC:60442 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1945 of 2025 Smt. Hazratul Bibi W/o Mahiuddin Khan Aged About 54 Years R/o Village Pent, Ps Sitapur, District Surguja C.G. … Applicant versus State of Chhattisgarh Through Police Station Sitapur, District Surguja C.G. ... Non-Applicant For Applicant : Mr. Priyank Rathi, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. 262/2024 registered at Police Station – Sitapur, District – Surguja (C.G.) for the offence punishable under Sections 409, 420 of the Indian Penal Code (In short, IPC) and Sections 3, 7 of Essential Commodity Act. 2. The prosecution’s case against the present applicant is based on a written complaint submitted by the Food Inspector. It is alleged that the applicant committed offences under Sections 409 and 420 of the IPC and Sections 3 and 7 of the Essential Commodities Act. On the verbal instructions of the Sub-Divisional Officer (Revenue), Sitapur, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.12 13:14:56 +0530 2 complainant inspected the government fair price shop in Pent village on 12.04.2024. The shop was operated by Khadya Suraksha Poshan Evam Upbhokta Seva Sahakari Samiti Maryadit, Pent. The seller of the shop was Imamul Haq, and the President of the Society was Hazratul Bibi. During inspection and physical verification of the shop records for the period from 01.09.2023 to 12.04.2024, the complainant allegedly found a shortage of 171.83 quintals of rice, 1.28 quintals of sugar, and 1.58 quintals of gram, amounting to a total value of Rs. 6,41,714.35. It is alleged that Imamul Haq and the applicant, in her capacity as President of the Society, embezzled the said food grains and fraudulently misappropriated them for unlawful gain. A report to this effect was submitted to the Sub-Divisional Officer (Revenue), Sitapur on 30.04.2024. On the basis of the said complaint, an FIR under Sections 409 and 420 IPC, along with offences under Sections 3 and 7 of the Essential Commodities Act, was registered against the applicant and co-accused Imamul Haq pursuant to the order dated 29.08.2024 of the SDO (Revenue), Sitapur. The applicant now has a reasonable apprehension of arrest in connection with the said offences and has therefore preferred the present application for anticipatory bail. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the commodities supplied to the fair price shop for public distribution were consistently short by approximately 10 quintals of rice, gram, and sugar every month from the government depot itself. Owing to this continuous short-supply, discrepancies naturally appeared in the physical stock position of the fair price shop. During verification conducted 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 3 balanced. The variation was duly reconciled through the e-POS system, and no misappropriation or diversion was reported. The operator had not received the commission payable for two years, nor had the bardana (sack) charges been released. These outstanding dues contributed to the financial and stock variance and were accordingly adjusted during reconciliation. The officials themselves confirmed that this accounting adjustment sufficiently explained the discrepancy. After e-POS reconciliation and considering the admitted short-supply from the government depot, the officials informed the operator that no adverse report would be lodged as the shortage stood satisfactorily explained. Despite this, the FIR has been registered subsequently in a mechanical manner, without considering the reconciliation or the earlier official communication. The case is entirely based on documentary records supply registers, distribution registers, stock entries, and e-POS data all of which are already in the possession of the authorities. No recovery is to be made from the applicant, and custodial interrogation is therefore wholly unwarranted. He also submits that the applicant has no previous criminal antecedent. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that as per the case diary, it transpires that on the verbal instructions of the Sub-Divisional Officer (Revenue), Sitapur, the Food Inspector conducted an inspection of the Government Fair Price Shop in village Pet on 12.04.2024. The shop is operated by Khadya Suraksha Poshan Evam Upbhokta Seva Sahakari Samiti Maryadit, Pet, with Imamul Haq as the seller and Hazratul Bibi (present applicant) as the President. The Food Inspector, as per the SDO(R)’s instructions, verified the shop records for the period from 01.09.2023 to 12.04.2024 and found 4 a shortage of 171.83 quintals of rice, 1.28 quintals of sugar, and 1.58 quintals of gram, amounting to Rs.6,41,714/-. It is alleged that the seller, Imamul Haq, and the President, Hazratul Bibi (present applicant), in collusion, misappropriated the said food grains for wrongful gain, hence she is not entitle for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and the fact that the case is entirely based on documentary records supply registers, distribution registers, stock entries, and e-POS data all of which are already in the possession of the authorities, further no recovery is to be made from the applicant and the applicant has no previous criminal antecedent, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Hazratul Bibi on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) The Applicant 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 her from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to her 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 5 verified by the trial Court. (e)The Applicant shall not involved herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti