1 2026:CGHC:11722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 351 of 2026 Yaman Kumar Chaube S/o Late Yugal Kishore Choubey Aged About 33 Years R/o Village Tilkeja, Tehsil Bhainsma, Police Station Urga, District Korba, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Urga, District Korba, Chhattisgarh ... Respondent For Applicant : Shri Anshul Tiwari, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11/03/2026 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.89/2026 registered at Police Station – Urga, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.12 11:57:12 +0530 2 Korba, Chhattisgarh for the offences punishable under Sections 3 (5), 316 (5) of Bharatiya Nyaya Sanhita, 2023 (Correspondence section as per Indian Penal Code, 1860 Section 34, 409 of Indian Penal Code, 1860). 2. Case of the prosecution, in brief, is that it has been alleged that on dated 25.11.2025, the complainant, Food Inspector, Rural Korba. conducted an inspection of stock consigned from Civil Supplies Corporation, Korba branch and stored at the Government Fair Price Shop, Aamapali (Shop ID 552001077), operated by Maa Sharda Food Security Nutrition Consumer Service Cooperative Society, Tilkeja. The inspection revealed alleged embezzlement, mismanagement and diversion of ration materials from year 2021 to till date, specifically 1,016 quintals of rice, 22.35 quintals of sugar, 38.46 quintals of chana and 37.49 quintals of salt, with the missing stock valued at approximately Rs.4,550,983. The complainant has named the Director/Seller, Yaman Choubey (the present applicant), and the Secretary, Ram Avtar Oraon, as responsible for the diversion of the said stock during its storage and distribution. On the said allegations the present FIR has been lodged on dated 07.02.2026 upon the present applicant and one other co-accused bearing FIR no. 89/2026 at Police Station Urga, District Korba, Chhattisgarh for the alleged offence punishable under section 3 (5), 316 (5) of Bharatiya Nyaya Sanhita, 2023. 3 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and the allegations in the FIR are vague and do not disclose any specific role of the applicant. It is further submitted that the offence under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 is not attracted, as the alleged incident pertains to Maa Sharda Food Security Nutrition Consumer Service Cooperative Society, which is an independently registered cooperative society. The applicant is merely an elected director and is neither a public servant nor entrusted with property in the capacity contemplated under the said provision. He would submit that the complainant Food Inspector was posted in the area only two months prior to lodging the FIR and lacks knowledge of the prior operational history of the Fair Price Shop, which had earlier been managed by different functionaries. Any alleged discrepancy has been mechanically attributed to the applicant without proper verification or audit. It is also submitted that under the Public Distribution System (Control) Order, 2016, the competent authority is required to conduct a departmental enquiry before initiating criminal action. In the present case, no such enquiry or show-cause notice was issued. Learned counsel further submits that the applicant has no criminal antecedents, is a permanent resident of District Korba, and there is no likelihood of absconding or tampering with evidence. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that licence of the applicant's fair price shop has neither been cancelled nor suspended by the competent authority as the proceedings are under way. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Yaman Kumar Chaube, on executing a personal bond and one surety in the like sum to the satisfaction of the 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 him from disclosing such fact to the Court. 5 (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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri