NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5282 of 2024  Vanaspati S/o. Gulab Aged About 35 Years R/o. Bhuneshwar, Police Station - Shankargarh, District - Balrampur-Ramanujganj (C.G.)

---- Applicant Versus  State Of Chhattisgarh Through - Station House Officer, Police Station, Shankargarh, District - Balrampur-Ramanujganj (C.G.)

---- Non-Applicant MCRC No. 5296 of 2024  Ramgahan (Secretary) S/o Late Konda Aged About 60 Years R/o Jamhor, Police Station And Tahsil- Shankargarh, District-

Balrampur- Ramanujganj Chhattisgarh.

---- Applicant Versus  State Of Chhattisgarh Through Station House Officer, Police Station, Shankargarh, District Balrampur- Ramanujganj Chhattisgarh.

---- Non-Applicant (Cause-tile taken from the Case Information System)

For Applicant : Mr. Jitendra Kumar Saxena, Advocate For Non-Applicant : Ms. Supriya Upasne, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

26 .07.2024

1. The applicants have preferred this First Bail Application under Section

438 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No.112/2023, registered at Police Station Shankargarh, District Balrampur- Ramanujganj Chhattisgarh for the ofence punishable under Sections 409, 420 of the Indian Penal Code and Section 3, 7 of Essential Commodities Act.

2. The case of the prosecution, in brief, is that on 11.06.2024, the Food Oicer, District Balrampur has made written complaint before the Police Station, Shankargarh to the efect that on the basis of enquiry report, the food grains were not distributed to 269 ration card holders of Gram Panchayat, Bhuneshwarpur and only 126 ration card holders have received the food grains, and thereby the accused persons have misappropriated food grains relating to Fair Price Shop, Bhuneshwarpur and the concerned Sarpanch Savita Paikra, Salesman Ramgahan and Panchayat Secretary namely Ramgahan Ram have held responsible for misappropriation of food grains.

3. It has been argued by the learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits that no misappropriation has been done by the present applicants, however on the basis of amended instructions being given by the higher authorities time to time for distribution of food grains and for management of online data, the online data could not be made available for want of proper network connection. The food grains were distributed to all the ration card holders. He later submits that one co- accused, namely, Savita Paikra have already been granted anticipatory bail by this court in MCRCA No.714 of 2024 vide order dated 09.07.2024 and the case of the applicants is identical to that. Lastly, the applicants have no criminal antecedents and they are langishing in jail since 14.06.2024 and though the charge-sheet has been iled, the conclusion of the time may take some time, hence, he prays for grant of bail.

4. On the other hand, the learned counsel for the State opposes the bail application of the applicants but could not dispute the fact that the applicants have no previous criminal antecedents and the charge-

sheet has already been iled.

5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that one co-accused, namely, Savita Paikra have already been granted anticipatory bail by this court in MCRCA No.714 of 2024 vide order dated 09.07.2024 and the case of the applicants is identical to that. The applicants have no criminal antecedents and they are languishing in jail since 14.06.2024, charge-sheet has been iled and conclusion of the trial is likely to take some time, I am inclined to allow this application.

6. Let applicants, Vanaspati and Ramgahan, arrested in connection with Crime No.112/2023, registered at Police Station Shankargarh, District Balrampur- Ramanujganj Chhattisgarh for the ofence punishable under Sections 40