Anticipatory bail granted where prolonged delay in inquiry and stock handover cast doubt on alleged food grain diversion.

The applicant, Jaimal Ekka (President/Secretary/Seller of a Fair Price Shop), sought anticipatory bail regarding Crime No. 102/2026 registered at Police Station Sitapur

On 03.10.2024, a physical verification by the Assistant Food Officer revealed a shortage of 335.17 quintals of rice and 3.08 quintals of chana compared to online records

The prosecution alleged illegal diversion of food grains after the applicant failed to provide a satisfactory explanation for the discrepancy

The applicant contended that the inquiry was conducted in his absence, the shortage occurred in 2024 while the report was delayed until 2026, and the shop had been handed over to another group in October 2024

1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the allegations and the procedural history

Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 438 CrPC), which governs the grant of bail to persons apprehending arrest

Section 316(5) of the BNS, 2023 (Criminal Breach of Trust) and Sections 3 & 7 of the Essential Commodities Act, 1955, which penalize the contravention of orders regarding the distribution and maintenance of essential supplies

The court relied on the principle that bail is a matter of judicial discretion, balancing the severity of the offense against the necessity of custodial interrogation and the applicant's cooperation with the law

The Court observed that the specific role of the applicant in the alleged diversion of grains was not the clearly delineated in the prosecution's case at this stage

A significant factor was the temporal gap; the alleged shortage pertains to September 2024, yet the enquiry report was only submitted in 2026, a delay the Court noted as a "matter of trial"

The Court gave weight to the applicant’s defense that the Fair Price Shop had already been transferred to another Self Help Group by October 2024

Since the applicant had no criminal antecedents and expressed willingness to cooperate with the investigation, the Court found that custodial interrogation was not warranted

It held that in the event of arrest, the applicant shall be released on executing a personal bond with one surety, subject to conditions: (a) no inducement or threats to witnesses; (b) no prejudice to the trial; (c) regular appearance before the trial court; (d) submission of verified identification (Aadhar and photos); and (e) no involvement in similar future offenses