GRANT OF REGULAR BAIL TO WOMEN ACCUSED OF PDS IRREGULARITIES ON HUMANITARIAN AND GENDER-BASED GROUNDS.

The applicants, the President and Secretary of the Santoshi Mahila Self Help Group, were arrested in connection with Crime No. 99/2026 for alleged financial and administrative irregularities in operating a government fair price shop

Inspections conducted between 2025 and 2026 by Food Inspector Avinash Dubey revealed significant shortages of rice, sugar, and salt, totaling a loss of ₹5,61,217 to the government

The applicants were accused of failing to maintain mandatory registers and ignoring show-cause notices

The applicants contended that the discrepancies were accounting issues, they had no criminal antecedents, and sought bail citing the marriage of Applicant No. 1’s son and the fact that Applicant No. 2 is a mother to a four-year-old child

1. Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations and their personal circumstances

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court or Court of Session to grant bail

It also considered Sections 316(5) (Criminal Breach of Trust) and 3(5) (Joint Liability) of the Bharatiya Nyaya Sanhita (BNS), along with Sections 3 and 7 of the Essential Commodities Act, 1955, regarding the regulation of distribution and penalties for contravention

Furthermore, the court adhered to the principle that specific considerations such as gender (being women), lack of criminal antecedents, and the prolonged nature of trial proceedings are relevant factors in bail adjudication

The Court evaluated the gravity of the allegations involving the misappropriation of public distribution goods against the applicants' personal liberties. It noted that the applicants had been in detention since March 24, 2024, and that the trial was likely to take significant time

The Court placed weight on the State's verification of the marriage of Applicant No. 1's son and the maternal responsibilities of Applicant No. 2

Reasoning that the applicants are women without prior criminal records and that no personal gain or recovery had yet been established at this stage, the Court determined that continued incarceration was unnecessary despite the State’s opposition regarding the pending charge sheet

The holding was conditioned upon the applicants' undertaking not to seek unnecessary adjournments, their mandatory presence at trial stages (framing of charges and statement recordings), and a warning that misuse of liberty or failure to appear would result in proceedings under Sections 209 and 269 of the BNS and Section 84 of the BNSS

I.A. No. 01/2026 for ad-interim bail was consequently disposed of