1 2026:CGHC:20507 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 653 of 2026 Ramavtar Oraon S/o Late Jangal Ram Aged About 51 Years R/o Village Tilkeja, Police Station Urga, Tehsil And District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Urga, District Korba Chhattisgarh ... Respondent For Applicant : Mr. Ghanshyam Patel, Advocate For State/ Respondent : Mr. Shalin Singh Baghel, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/05/2026 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- Korba C.G. for the offence punishable under Sections 3(5) and 316 (5) of Bhartiya Nyay Sanhita, 2023. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.02 11:25:56 +0530 2 2. That, the prosecution story, in brief, is that the present case relates to alleged embezzlement of ration/food materials, namely rice, sugar, gram and salt, valued at approximately ₹45,50,983/-, from a Government Fair Price Shop at Amapani operated by ‘Maa Sharda Khadya Suraksha Poshan Upbhokta Seva Sahkari Samiti, Tilkeja’. As per the inspection report, there was shortage and diversion of essential commodities, including 1,016 quintals of rice, 22.35 quintals of sugar, 38.46 quintals of chana and 37.49 quintals of salt. It is alleged that the said shortage occurred due to embezzlement and mismanagement during storage and distribution. Accordingly, a complaint was lodged against Yaman Choubey, Chairman/Seller, and the present applicant, who was working as Secretary. On the basis of the said complaint, FIR No. 89/2026 dated 07.02.2026 has been registered at Police Station Urga, District Korba (C.G.) for offences under Sections 3(5) and 316(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the prosecution case is false and concocted, and the applicant has been falsely implicated without any specific role being attributed to him. It is submitted that the applicant had already resigned from the post of Secretary and membership of the society on 20.11.2024, 3 much prior to the alleged incident. It is further contended that the provisions of Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 are not attracted, as the applicant is neither a public servant nor entrusted with property in the manner contemplated under law. The case is based on documentary evidence and no prior departmental enquiry or show-cause notice was issued before registration of the FIR. It is also submitted that certain alleged shortages are incorrect and without proper verification. The co-accused has already been granted bail, and the applicant has no criminal antecedents and is a permanent resident. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for bail and submits that the applicant is directly connected with the affairs of the society during the relevant period and the material collected during investigation discloses a prima facie case against him. It is further submitted that mere resignation does not absolve the applicant of liability arising out of acts committed during his tenure. The allegations pertain to misappropriation of essential commodities of substantial value, affecting public distribution, and therefore are serious in nature. It is also submitted that the investigation is in progress and the 4 applicant’s custodial interrogation may be necessary. Hence, the applicant is not entitled to the benefit of bail and the application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, the nature of allegations, the role attributed to the applicant, and the fact that the case is primarily based on documentary evidence, coupled with the submission that the applicant had resigned from the post of Secretary prior to the alleged incident, and further taking into account that the co-accused has already been granted bail, and that the applicant has no previous criminal antecedents and is a permanent resident with no likelihood of absconding or tampering with the prosecution evidence, this Court is of the view that custodial interrogation of the applicant does not appear to be necessary at this stage. 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 – Ramavtar Oraon, on executing a personal bond and one surety in the like sum to the 5 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. (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 their 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 Arpan