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2026 DAILYLAW 13546 (CHH)

KUDRAT BAHAL v. STATE OF CHHATTISGARH

MCRCA/621/2026 · 2026-04-26

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:19411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 621 of 2026 Kudrat Bahal S/o Late Rohidas Aged About 61 Years Occupation - Agriculture, R/o Village- Katinda, Police Station- Lakhanpur, District- Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Of Police Station - Lakhanpur, District- Surguja (C.G.) ... Respondent For Applicant : Mr. Palash Agrawal, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.04.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 71/2026 registered at Police Station – Lakhanpur District - Surguja (C.G.) for the offences punishable under Sections 318(4), 316, 3(5) of the BNS and Section 3(7) of the Essential Commodities Act, 1955. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.27 17:48:59 +0530 2 2. The prosecution story in brief is that on the basis of a written complaint submitted by Satpal Singh Kanwar, Food Inspector, Lakhanpur, an inspection was conducted on 23.02.2026 at a Fair Price Shop operated by Shri Ganesh Food Security, Nutrition and Consumer Service Cooperative Society, Katinda, wherein serious irregularities were detected in the distribution of food grains under the Public Distribution System. It is alleged that although biometric authentication of beneficiaries was recorded through the E-POS machine for January and February 2026, the actual distribution of food grains was not carried out, and upon verification, a substantial shortage of 380.53 quintals of rice, 12.95 quintals of sugar, 5.05 quintals of gram, and 23.64 quintals of salt, valued at Rs. 15,72,032/-, was found. The prosecution further alleges that the accused persons, including the present applicant, misappropriated and diverted the food grains meant for beneficiaries, retained ration cards, obtained thumb impressions without distribution, and made false entries in records, on the basis of which Crime No. 71/2026 has been registered at Police Station Lakhanpur, District Surguja (C.G.) under Sections 318(4), 316, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(7) of the Essential Commodities Act, 1955. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that due to local and political rivalry, particularly as his wife is an elected member of the Gram Panchayat, and the proceedings appear to be motivated to tarnish his reputation. It is submitted that the allegations are based merely on alleged stock discrepancies, without any direct evidence showing that the applicant personally misappropriated or 3 diverted any food grains, and there is no specific role attributed to him. The applicant is a senior citizen aged about 61 years, a permanent resident of the village, possessing sufficient movable and immovable properties, and there is no likelihood of his absconding. It is further submitted that the applicant is the sole earning member of his family, and his arrest would cause irreparable hardship and financial crisis to his dependents, while the trial is likely to take considerable time, making any incarceration amount to pre-trial punishment. The applicant has not committed any offence as alleged and no case is made out against him; he undertakes to abide by all conditions that may be imposed by this Hon’ble Court. 4. On the other hand, learned counsel for the State opposed the applicant anticipatory bail application 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute and the material available on record, and in view of the fact that the similarly situated co-accused namely Dilsai has already been granted bail by this Hon’ble High Court MCRCA No. 610 of 2026 vide order dated 23.04.2026, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems 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 –Kudrat Bahal, on executing a 4 personal bond and one local 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 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 his adhaar card along with a coloured 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 vaibhav