1 CGHC010163892026 2026:CGHC:28266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4002 of 2026 Ramcharan Chouhan S/o Manrakhu Chauhan Aged About 55 Years Occupation- Agriculture Former Vender Nischay Naya Savera Women Self- Help Group R/o Ruwaphool P.S. And Tahsil- Kapu Dharamjaigarh Dist- Raigarh Chhattisgarh, (Details As Per Order Sheet) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Kapu Dist- Raigarh (C.G.) ... Respondent For Applicant : Shri Ashutosh Biswas, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.89/2025 registered at Police Station Kapu Dist- Raigarh (C.G.) for the offence punishable under Sections 316(5) & 3(5) of BNS & 3/7 of Essential Commodities Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.09 15:37:37 +0530 2 2. Case of the prosecution, in brief, is that on the basis of a written complaint dated 10.06.2025 lodged by the Food Inspector, Raigarh, it is alleged that during operation of the fair price shops at villages Ruvaphul, Chalha and Komosindand, irregularities were found and food grains including rice, sugar, gram and refined salt were allegedly misappropriated, the aggregate value whereof has been stated to be Rs. 54,17,278.24, and on that basis Crime No. 89/2025 was registered at Police Station Kapu for offences under Sections 316(5), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3/7 of the Essential Commodities Act, 1955. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is only the vendor of Nischay Naya Savera women Self- help group, the day-to-day operations including procurement, stocking, and distribution of ration, are managed by the Secretary. The applicant's role is administrative and he has по direct responsibility or involvement in the actual procurement, storage, or diversion of the food grains. He has knowledge of any irregularities or unlawful activities pertaining to the diversion of government supplies. He would submit that co-accused Tuleshwari Chauhan has been granted anticipatory bail in MCRCA No.1031/2025 by order dated 15.07.2025 and co- accused Guruwari Rathiya has been granted regular bail in MCRC No. 571/2026 by order dated 16.01.2026. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 28/02/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, further the fact that co-accused Tuleshwari Chauhan has been granted anticipatory bail by this Court in MCRCA No.1031/2025 by order dated 15.07.2025 and co-accused Guruwari Rathiya has been granted regular bail by this Court in MCRC No. 571/2026 by order dated 16.01.2026, period of detention of the applicant since 28/02/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ramcharan Chouhan, involved in Crime No.89/2025 registered at Police Station Kapu Dist- Raigarh (C.G.) for the offence punishable under Sections 316(5) & 3(5) of BNS & 3/7 of Essential Commodities Act, be released on bail on his furnishing a 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 he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this 4 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri