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CGHC010322782026
2026:CGHC:37167
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1360 of 2026 1 - Navin Mohan Singh S/o- Late Dharam Singh Rajput Aged About 48 Years R/o- Pacharipara, Durg, P.S. City Kotwali, Tahsil And District- Durg (C.G.)
... Applicant(s) versus 1 - State of Chhattisgarh Through P.S. Mohan Nagar, Durg, District- Durg (C.G.)
... Respondent(s) For Applicant(s) : Mr. A.S. Rajput, Advocate For Respondent(s)/State : Mr. Sangharsh Pandey, Government Advocate Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 19.08.2026
1. This is the first anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the applicant, who apprehends his arrest in connection with Crime No. 521/2026, registered at Police Station Mohan Nagar, Durg, District Durg (C.G.), for the offences punishable under Sections 3/7 of the Essential RUCHI YADAV Digitally signed by RUCHI YADAV
2 Commodities Act, 1955 and Sections 316(2) and 316(4) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, during an inspection conducted by the Food Inspector, Durg, substantial shortages of government foodgrains and other essential commodities were found in three Government Fair Price Shops, namely Shop Nos. 431001071, 431001025 and 431001006, operated by Jai Shakti Mahila Swa Sahayata Samooh. It is alleged that co-accused Sandhya Chandel, being the President of the said Samooh, and co-accused Avinash Nirmalkar, Lallan Kishore Yadav and the present applicant, being sellers of the said shops, diverted the government food items for other purposes, thereby committing criminal breach of trust. On the basis thereof, Crime No. 521/2026 was registered for the offences punishable under Sections 3/7 of the Essential Commodities Act, 1955 and Sections 316(2) and 316(4) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is merely a salaried employee of the Society and is neither its President nor a member thereof. It is further submitted that his only role was as a seller of one Fair Price Shop and that he had no involvement in any alleged financial irregularity or diversion of government foodgrains. Even if the prosecution case is taken at its face value, the essential ingredients of the alleged offences are not made out against the applicant.
It is also submitted that the applicant has no criminal antecedents, is ready to cooperate with the investigation and abide by all the conditions imposed by this Court. Hence, it is prayed that the applicant be granted anticipatory bail. 3
4. Per contra, learned State counsel opposes the application and submits that the applicant, being the seller of the concerned Fair Price Shop, was responsible for distribution of government foodgrains, which were found substantially short during inspection. It is further submitted that the regular bail application of the co-accused, who is the sister of the applicant, is pending before this Court. Hence, the application may be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and the material available on record, this Court finds that the applicant is a salaried employee of the Society and is neither its President nor a member thereof. His role is stated to be limited to that of a seller of one Fair Price Shop. It is also not disputed that the applicant has no criminal antecedents. Considering the aforesaid circumstances, without commenting upon the merits of the case, this Court is of the considered view that the applicant is entitled to the benefit of anticipatory bail. 7.
Accordingly, the instant MCRCA is allowed and it is directed that, in the event of arrest of the applicant Navin Mohan Singh, in connection with Crime No. 521/2026, registered at Police Station Mohan Nagar, Durg, District Durg (C.G.), for the offences punishable under Sections 3/7 of the Essential Commodities Act, 1955 and Sections 316(2) and 316(4) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail upon executing a personal bond and furnishing one surety in the like amount to the satisfaction of the arresting Officer, subject to the following conditions:-
4 (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 such person from disclosing such facts to the Court. (b) He shall not act in any manner which may be prejudicial to a fair and expeditious trial. (c) He shall appear before the Trial Court on each and every date fixed by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their Aadhaar cards along with a full-size coloured postcard photograph bearing the printed Aadhaar number, which shall be verified by the Trial Court. (e) He shall not involve himself in any offence of a similar nature in future. Sd/-
(Ramesh Sinha) CHIEF JUSTICE Ruchi