1 2026:CGHC:19364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3601 of 2026 1 - Setkumari Chouhan W/o Jagdish Chouhan, Aged About 43 Years, (Husband's Name And Age Not Mentioned In The Impugned Order) 2 - Madhuri Chouhan W/o Bodhan Chouhan, Aged About 32 Years (Husband's Name And Age Not Mentioned In The Impugned Order) Both R/o Village Lukapara, Police Station And Tehsil Saraipali, District Mahasamund, CG (Address Though Not Mentioned In The Impugned Order But Supplied By The Deponents) ... Applicants versus State Of Chhattisgarh Through The SHO, Police Station Saraipali, District Mahasamund, CG. ... Respondent For Applicants : Shri Ujjawal Agrawal, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.27 17:58:03 +0530 2 Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.99/2026 registered at Police Station Saraipali, District Mahasamund CG. for the offence punishable under Sections 316(5) of BNS and 3/7 of the Essential Commodities Act, 1955 read with 3(5) of BNS. 2. Case of the prosecution, in brief, is that FIR alleges that, based on a complaint by Food Inspector Avinash Dubey, the applicants (President and Secretary of Santoshi Mahila Self Help Group) committed financial and administrative irregularities in running a government fair price shop. Inspections on 31.03.2025, 20.04.2025, and 23.01.2026 revealed significant shortages of rice, sugar, and salt compared to official records, causing a loss of Rs.5,61,217 to the Government. Mandatory registers were not maintained, and shop operations violated prescribed norms. Despite a show-cause notice and recovery order, the applicants neither responded nor repaid the amount. Consequently, FIR No. 99/2026 was registered under relevant provisions of the BNS and Essential Commodities Act for misappropriation and irregularities. Hence this bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. It is contended that the applicants, being President and Secretary of the Self Help Group, have been distributing ration strictly as per PDS norms without any personal gain and the alleged discrepancies are purely accounting issues, and payments are being made; the matter is administrative in nature. He would further submit that no recovery of any ration material 3 or money has been made from the applicants, nor is there any allegation of personal misappropriation. He would further submit that marriage of son of the applicant No.1 is going to be performed on 28/04/2026 and marriage function is scheduled from 26/04/2026 to 29/04/2026 and applicant No.2 is a woman having 4 year old child and her presence is essential for taking care of the child. He would submit the applicants are in jail since 24/03/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has not been filed in this case. He would submit that the applicants have no criminal antecedents. He would further submit that he has verified the fact of marriage of son of the applicant No.1 which is going to be performed on 28/04/2026 and marriage function is scheduled from 26/04/2026 to 29/04/2026 and the said fact is correct. 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the grounds mentioned in the bail application, period of detention of the applicants since 24/03/2026, considering the fact that the son of the applicant No.1 marriage is to be solemnized on 28/04/2026 and also the applicants are ladies and they have no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicants are 4 entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant No.1- Setkumari Chouhan & Applicant No.2 Madhuri Chouhan, involved in Crime No.99/2026 registered at Police Station Saraipali, District Mahasamund CG. for the offence punishable under Sections 316(5) of BNS and 3/7 of the Essential Commodities Act, 1955 read with 3(5) of BNS, be released on bail on each of furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the 5 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 applicants are 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 them in accordance with law. 8. In view of the above, I.A. No.01/2026 application for Ad-interim bail to applicant No.1 stands disposed of. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Certified copy today. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri