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Judgment
Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 288/2026 registered at Police Station - Dharamjaigarh District Raigarh (C.G.) for the offence punishable under Sections 316(5) and 3(5) of the BNS and Sections 3, 7 of the Essential Community Act.
The prosecution case, in brief, is that on 11.09.2026, Food Inspector Khushiram Nayak lodged a complaint at Police Station Dharamjaigarh alleging that Rubina Khan, President and Secretary of Janani Mahila Swahayata Samuh, which operates Fair Price Shop ID No. 412009080 at Village Ganpatpur, and Shahnawaz Khan, the Vendor, had allegedly diverted 704.93 quintals of rice, 15.34 quintals of sugar and 31.98 kg of salt, worth approximately Rs. 18,86,345/-, meant for distribution to eligible beneficiaries through the government fair price shop. On the basis of the complaint lodged by the complainant, the aforementioned crime was registered against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that although the fair price shop was allotted to Janani Mahila Swahayata Samuh, of which the applicant is the President, the shop is being managed by her husband, who works as a salesman. Therefore, the applicant is not aware of the activities relating to the sale and purchase of food grains at the said fair price shop. He further submits that the applicant has no criminal antecedents and is a lady. Therefore, he prays that the applicant be granted anticipatory bail.
Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that the applicant is the President of Janani Mahila Swahayata Samuh, to which the fair price shop was allotted. She further submits that, during a surprise inspection, a shortage of 704.93 quintals of rice, 15.34 quintals of sugar and 31.98 kg of salt was detected, pursuant to which the complaint was lodged. However, she does not dispute the submission made by learned counsel for the applicant that Shahnawaz Khan is the salesman and Sahil Khan is the Secretary of the said fair price shop.
I have heard learned counsel for the respective parties.
On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, without commenting anything on merits, I am inclined to allow this anticipatory bail application.
Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (288/2026), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:
that the applicant shall make herself available for interrogation before the Investigation Officer as and when required;
that the applicant 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/her from disclosing such facts to the Court or to any police officer;
that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial;
that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.