Chhattisgarh HC Grants Anticipatory Bail To Man Named In Salesman’s Statement In 389.24-Quintal Fair-Price-Shop Rice Shortage Case

In brief

The question

1. Whether the applicant was entitled to anticipatory bail in connection with the alleged misappropriation of rice from the fair-price shop.

The court held

The Court allowed the application.

It also directed

It directed that, if arrested in connection with Crime No. 265/2026, the applicant be released on anticipatory bail upon furnishing a personal bond of ₹25,000 with one surety for the like sum, subject to conditions requiring cooperation with interrogation, non-interference with witnesses or the investigation, conduct consistent with a fair and expeditious trial, and appearance before the trial court on each date fixed.

A certified copy was directed to be sent to the trial court for information and compliance.

01Facts

A fair-price shop operated by Mahamaya Food Security, Nutrition and Consumer Service Cooperative Society Limited was found to have a shortage of 389.24 quintals of rice, valued at approximately ₹15,91,898.

¶ 2–4

The applicant was alleged by the State to have managed the shop under a special power of attorney; he maintained that he was the Society’s President and was not directly involved in handling or distributing the food grains.

¶ 2–4

The FIR was initially registered against the Society’s salesman, and the applicant and another co-accused were later implicated on the basis of the salesman’s memorandum statement.

¶ 2–4

The applicant sought anticipatory bail in a case registered under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(7) of the Essential Commodities Act, 1955.

¶ 1

A co-accused had previously been granted anticipatory bail.

¶ 3

02Issues

i.1. Whether the applicant was entitled to anticipatory bail in connection with the alleged misappropriation of rice from the fair-price shop.

¶ 1, 6

ii.2. Whether the applicant’s alleged role, including his implication through a co-accused’s memorandum statement and the grant of anticipatory bail to a co-accused, justified granting him the same relief.

¶ 3–6

03Law Applied

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for anticipatory bail. The alleged offences were under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(7) of the Essential Commodities Act, 1955.

¶ 1

The Court applied its discretion to the anticipatory-bail application by considering the circumstances of the case, the nature of the allegations, the basis on which the applicant was implicated, and the treatment of a co-accused.

¶ 6

Provisions in the judgment · 4 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482

Bharatiya Nyaya Sanhita, 2023 Section 318 Section 3

Essential Commodities Act, 1955 Section 3

04Reasoning

The Court considered that the applicant’s name arose in the salesman’s memorandum statement and noted that a co-accused had already received anticipatory bail.

¶ 6

Having regard to those circumstances and the nature of the allegations, the Court found it appropriate to grant relief, without expressing any view on the merits of the case.

¶ 6