Anticipatory bail granted for stock discrepancies where delayed enquiry and transfer of control undermine prima facie culpability.

The applicants, functioning as the President, Secretary, or Seller of a government-authorized Fair Price Shop (ID No. 392003027) at Petla, sought anticipatory bail following the registration of Crime No. 102/2026

A physical verification conducted on 03.10.2024 by the Assistant Food Officer revealed a shortage of 335.17 quintals of rice and 3.08 quintals of chickpeas compared to online records

It was alleged that the food grains were illegally diverted, leading to the registration of an FIR for criminal breach of trust and violations of essential commodity regulations

The applicants contended that the shop was handed over to another group in October 2024 and that the enquiry report was delayed by two years

Whether the applicants are entitled to the grant of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations regarding the diversion of essential commodities

Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant anticipatory bail

Section 316(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, concerning criminal breach of trust by a public servant or agent, and Sections 3 & 7 of the Essential Commodities Act, 1955, which penalize the contravention of orders regarding the distribution of essential goods

The court also relied on the principle that bail is a matter of judicial discretion based on the specific role of the accused and the presence of criminal antecedents

The Court analyzed the temporal gap between the alleged incident (September 2024) and the submission of the enquiry report (2026), noting that such a delay is a matter for trial and weakens the immediate necessity for custodial interrogation

It observed that the specific roles of the applicants were not clearly delineated in the allegations and that the management of the Fair Price Shop had already been transferred to a different Self-Help Group by October 2024

Furthermore, the Court highlighted that the applicants have no prior criminal history and have indicated full cooperation with the investigation, balancing the state’s interest in prosecution against the applicants' liberty

It ordered that in the event of arrest, Ramkali and Jhuniya be released on a personal bond with one surety each, subject to conditions including: (a) non-interference with witnesses, (b) regular appearance before the trial court, (c) submission of Aadhaar verification, and (d) refraining from committing similar future offenses