1 2026:CGHC:5061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 992 of 2026 Lakshan Bai W/o Maniram Shyam, Aged About 65 Years R/o Village Parsada, Police Station Pali, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Statoin House OfÏcer, Police Station Pali, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Jitendra Chandrakar, Advocate. For Non-applicant/State : Mr. Nupur Trivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 311/2025 registered at Police Station Pali, District Korba (C.G.), for the offences punishable under Sections 409 and 34 of the Indian Penal Code and Section 3 and 7 of the Essential Commodities Act. 2. The case of the prosecution, in brief, is that on 18.08.2025, the complainant, namely Santosh Kumar Kanwar, who is a Food OfÏcer, lodged an F.I.R. against the present applicant and two other co-accused ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.30 12:25:27 +0530 2 persons, alleging that the accused, being the operator and seller of the Government Fair Price Shop, Parsada, did not distribute 400.69 quintals of rice and 2.69 quintals of sugar, which were meant to be distributed to the ration card holders allotted to the eligible persons. Thereafter, the police investigated the matter and arrested the applicants for the aforesaid offences. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the other co-accused person, namely, Smt. Jhank Devi @ Usha Devi and Smt. Meena Bai, vide order dated 09.01.2026 in MCRC No. 231 of 2026, have already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Smt. Jhank Devi @ Usha Devi and Smt. Meena Bai, vide order dated 09.01.2026 in MCRC No. 231 of 2026, have already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and she has been in jail since 31.10.2025, the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Lakshan Bai, involved in Crime No. 311/2025 3 registered at Police Station Pali, District Korba (C.G.), for the offences punishable under Sections 409 and 34 of the Indian Penal Code and Section 3 and 7 of the Essential Commodities Act, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of 4 the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek