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2026 DAILYLAW 11594 (CHH)

KAVITA v. STATE OF CHHATTISGARH

MCRCA/574/2026 · 2026-04-19

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Judgment text

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1 2026:CGHC:17904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 574 of 2026 • Kavita W/o Shri Jagjiwan Ram Aged About 35 Years R/o Village Katinda, P.S. And Tahsil Lakhanpur, Distt. Surguja, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through P.S. Lakhanpur, Distt. Surguja, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant : Mr. T.K.Jha, Advocate For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon’ble Mr. Justice Ramesh Sinha, Chief Justice Order on Board 20/04/2026 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.71/2026 registered at Police Station – Lakhanpur, District – Surguja (C.G.) for the offence punishable under Sections 318(4), 316, 3(5) of BNS, 2023 and Section 3(7) of Essential Commodities Act. 2. The prosecution story, in brief, is that the Food Officer inspected the fair Price Shop and found 380.53 quintal rice, 12.95 quintal sugar, 05.05 quintal nuts, and 23.64 quintal salt shortage total amount of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.21 11:13:10 +0530 2 Rs. 15,72,032/-. That, the said embezzlement was carried out by the committee where the present applicant is president and Dilram is the voice president and Kudrat Bahal. On the basis of report submitted by the food inspector FIR No.71/2026 under section 318(4), 316, 3(5) of BNS and section 3 (7) of Essential Commodities Act. 3. It has been argued by the learned counsel for the applicant that the applicant being a lady is innocent and has been falsely implicated in this case. It is submitted that applicant has no criminal antecedent and before lodging of FIR no proper opportunity of hearing given to the present applicant. 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 the applicant is not entitled for grant of anticipatory bail in this case. 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 from the perusal of the case diary it transpires that applicant has no criminal antecedent and applicant is a lady, who is aged about 35 years, at this stage without expressing any opinion on merits, this Court is of the view 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 – Kavita on executing a personal bond with one surety in the like sum to the satisfaction of the 3 arresting Officer, 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 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 verified by the trial Court. (e)The Applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali