1 2025:CGHC:6312 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 187 of 2025 Bhim Kumar Suryavanshi S/o Chhotelal Aged About 36 Years R/o Ganiyari P.S. Kota District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through In - Charge Police Station Kota District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. A. N. Pandey, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 04/02/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 1057/2024 registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Section 316(5), 318(4), 3(5) of B.N.S. and Section 7 of Essential Commodities Act 1955. 2. Prosecution case in brief is that on 04.11.2024, complainant Shyam Bastrakar working on the post of Food Inspector Takhatpur, came KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 in the fair price shop of Village Panchayat - Ganiyari and after breaking the lock of the fair price shop Ganiyari and prepared the inspection report about shortage of 443.92 quintal Rice, 2.34 quintal Salt and 9.24 quintal Sugar in the fair price shop of village Ganiyari, and the inspection report was behind the back of operator and salesman (applicant) of the shop and submitted the report before the Sub-Divisional OfÏcer (Revenue) Takhatpur on 05.11.2024, on the basis of inspection report, Sub Divisional OfÏcer (Revenue) issued the show cause notice to the operator i.e. co-accused and salesman i.e. applicant of the fair price shop Ganiyari on 06.11.2024, after receiving of the notice, co-accused person filed the detail reply of the show cause notice and submitted that the concerned food inspector, prepared the inspection report after breaking the lock of the fair price shop which is behind the back of operator of the shop and shortage was interred in online server without physical verification of the shop of accused but the learned Sub Divisional OfÏcer (Revenue) Takhatpur without considering the reply filed by the accused and without conducting any enquiry as Clause 16(3) of the Chhattisgarh Public Distribution and Control order 2016 and without giving any opportunity of hearing, he has directed to lodge the F.I.R. against the operator of the Fair Price Shop Ganiyari and on the basis of order dated 27.11.2024, complainant/Food Inspector- Takhatpur, lodge the report before the police station Kota against the applicants and salesman of the Fair Price Shop Ganiyari on dated 04.12.2024. On the basis of report, police registered the alleged offence against the present applicant 3 and one other accused person. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has not committed any offence as alleged by the prosecution. He further submits that in the present case, co- accused persons have been granted anticipatory bail by this Court being MCRCA No. 20/2025, vide order dated 13.01.2025 and the case of the applicant is similar to that case of co-accused who have been granted bail and the present applicant being a salesman of government fair price shop- Ganiyari, Accordingly, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that the applicant has no previous criminal antecedent however, the present applicant is the salesman of the Govt. Fair Price Shop and committed aforesaid offence with the co-accused persons. Accordingly, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and further the fact that the co- accused persons namely Smt. Pooja Bijaur and Smt Kamini Suryavanshi have been granted anticipatory bail by this Court being MCRCA No. 20/2025, vide order dated 13.01.2025 and the case of the applicant is similar to that case of co-accused who have been granted bail and the present applicant being a salesman of 4 government fair price shop- Ganiyari and also the applicant has no previous criminal antecedent, thus, this Court is of the opinion that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bhim Kumar Suryavanshi on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he 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 him 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 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal