Rajiv Kumar Mishra vs State Of Chhattisgarh

Ramesh Sinha, J

This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.988/2024 registered at Police Station Sarkanda Distt. Bilaspur (C.G.) for the offence punishable under Sections 3 & 7 of Essential Commodities Act, 1955 & Section 409 of Indial Penal Code (for short ‘IPC’).

Prosecution case in brief is that the applicant and the co-accused namely Kailashnath Mishra is running a Government Fair Price shop in the name of Bajrang Prathamik Upbokta Bhandar at Sarkanda, ward No. 65 Sant Namdev Nagar. In the said shop the applicant is the Secretary and the applicant husband/co-accused namely Rajiv Kumar Mishra is the seller of the shop. During the physical inspection of the said ration shop, the inspector have found Rice-Nil, Sakkar(sugar)- Nil, refined salt 3 quintal. The shop physical stock and online stock are as follow:- Primary stock (as per E-pass) Chawal/Rice 135.58 quintal, Sakkar/Sugar 2.49 quintal, Namak/Salt 2.46 quintal, and for the month of November & December 2023 incoming Chawal/Rice is 259.13 quintal, Sakkar/Sugar is 4.03 quintal, Namak/Salt is 3 quintal and sum of Chawal/Rice 394.71 quintal and sakkar/sugar is 6.52 quintal, Namak/Salt 10.30 quintal. The distribution through E-Pass of Rice is 125.97 quintal, Sakkar/sugar is 3.36 quintal, Namak/Salt is 3.36 quintal. Remanent of the shop stock of Rice/Chawal is 268.74 quintal, Sakkar/Sugar is 3.16 quintal, and Namal/Salt is 6.94 quintal. And during the time of inspection the inspector has found that the Rice is 0.00 quintal, Sakkar/sugar is 0.00 quintal and namak/sugar is 3.00 quintal. Therefore, the stock of Rice/Chawal is 268.74 quintal, Sakkar/Sugar is 3.16 quintal, and Namal/Salt is 6.94 quintal of the shop is missing. Therefore, the food control made a written complaint against the present applicant and co-accused persons.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He further submits that the Government had issued a new waving machine in which a tablet is built which was connected through the wifi and the entries were directly collected to the Raipur office, however, due to connectivity issue the online entries differs from the stock of shop against which the applicant has also also made several written complaints regarding the connectivity issue of the tablet. He also submits that one of the co-accused persons, namely, Kailashnath Mishra, who is father of the applicant, has already been granted regular bail by the learned Sessions Judge, Bilaspur (C.G.) and one co-accused, who is mother of the present applicant, namely, Smt. Shivdulari Mishra has already been granted anticipatory bail by this Court vide order dated 17.10.2024 in MCRCA No.1194 of 2024, hence he prays for grant of anticipatory bail to the applicants.

On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons have misappropriated with the quantity and all the stocks of Rice and Sugar available at shop, therefore, the applicant is not entitled for grant of anticipatory bail.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, also considering the fact that though the allegation against the present applicant is that he alongwith other co-accused persons have misappropriated with the quantity and stocks of Rice and Sugar available at shop, but the co-accused persons, namely, Kailashnath Mishra, who is father of the applicant, has already been granted regular bail by the learned Sessions Judge, Bilaspur (C.G.) and one co-accused, who is mother of the present applicant, namely, Smt. Shivdulari Mishra has already been granted anticipatory bail by this Court vide order dated 17.10.2024 in MCRCA No.1194 of 2024, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Rajiv Kumar Mishra, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

(a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

(b) He shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) He shall not involve himself in any offence of similar nature in future.