Nafr High Court
Case Details
1 2025:CGHC:6544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 197 of 2025 Surendra Kumar Gendre S/o Late Bhagirathi Gendre Aged About 36 Years R/o Village Manth, Post Kharora, Tahsil Kharora, District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Kharora, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Ms. Fouzia Mirza, Senior Advocate along
Legal Reasoning
with Ms. Rashmi Tandon, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN Hon'ble Shri Ramesh Sinha , Chief Justice 05.02.2025 Order on Board 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 10/2025 registered at Police Station – Kharora, District - Raipur, (C.G.) for the offence punishable under Sections 409, 34 of IPC. 2. The case of the prosecution in brief is that, the complainant namely, Shailendra Kumar Ekka has lodged a written complaint 2 on 04.01.2025 at Police Station Kharora, Raipur with the averment that a Fair Price Shop situated at Gram Panchayat Manth, Tahsil Kharora, District Raipur having ID No. 442004042 which is being conducted by the present applicant and seller Rajkumar Gendre at the time of the inspection by the than Food Inspector on 29.05.2021 in presence of the applicant and Rajkumar Gendre, it was found that the stock register and the stock board has not been filled and the list of members of the Nigrani Samiti and eligibility related information has not been affixed on being asked from the beneficiaries, the beneficiaries present at the shop inform that the Ration Material have not been distributed of the Month of May-June 2021 and have thus committed embezzlement, on the physical verification has been done, stock of the shop by seeing the online status on 29.05.2021, it was found that the online status shows that 466 quintal of Rice, 7.21 quintal of Sugar and 7.21 quintal of Salt should have been available on the spot, but it was not found, thereafter the office Sub-Divisional Officer Revenue Tilda vide letter dated 15.05.2023 order for recovery of Rs. 4,73,300/-. The institution has till date not fulfilled the quantity i.e. deficient nor have informed the Officer in this manner the than Sarpanch Surendra Kumar Gendre and the seller Rajkumar Gendre of Gram Panchayat Manth have committed the offence under Chhattisgarh Public Distribution System (Control Order) 2016 of Order 9(10) (10), 11(5), 11(11), 13(1), 14(1) & 15 and also Under Section 3, 7 3 of Essential Commodities Act FIR has been registered and the matter is under investigation. 3. Learned Senior Advocate along with Ms. Rashmi Tandon, learned counsel appearing for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the above mentioned offence. They further submits that the applicant was the Sarpanch of Gram Panchayat Manth from February 2020 to July 2024 prior to that Surendra Verma was also the Sarpanch of Gram Panchayat and on account of he having rivalry and Hatred with the help of the complainant have fraudulently made complaint against the applicant. They further submits that the beneficiaries of Gram Panchayat Manth were been distributed the Food Articles every month and after getting the food articles they give their signature on the distribution register. The complainant namely Shashi Yadav and Manisha Verma who have made a complaint with regard to not getting the food article on the month of May and June is falsified from the fact that the distribution register shows the signature of the Tarun son of Shashi Yadav and Manav son of the Manisha Verma receiving the food article for the month of May & June. The enquiry report by the food inspector to the Sub-Divisional OfÏcer (Revenue) have taken into consideration only the online record and have failed to consider the distribution register showing the distribution of the food articles being done by the applicant and a show cause notice has been issued to the applicant on 03.06.2021 by the Sub- Divisional OfÏcer (Revenue) Tilda regarding the deficit in the stock at the shop mentioning the complaint by Yashwant Kumar Verma 4 and Rakesh Yadav. The applicant gave a detailed reply by stating that the documents which was given along with the sworn statement clearly show that the Food Article properly distributed but on account of not having technical knowledge of uploading the information in Tablet, which was not provided to him by the food inspector the above information could not be uploaded, the documents annexed shows that from the Month of July 2020 all the eligible beneficiaries have been distributed the articles properly, on only on account of technical error the deficiency is being recorded by the Inquiry OfÏcer. 4. Learned counsel for the applicant further submits that the applicant along with the statement of the Sub-Divisional OfÏcer (Revenue) have submitted the copy of the distribution register showing the distribution of the month of April, May & June 2021, which shows that the ration has been properly distributed and received by the beneficiaries and the tabulated form is being given showing the ration not being deficient and being received as per the stock register, which has not been taken into consideration by the Inquiry OfÏcer at the time of inquiry as well as at the time of physical verification. The inquiry that has been conducted by the Food Inspector has only considered the statement of two beneficiaries and the data that has been uploaded in the Online Portal and submitted the inquiry report to the Sub Divisional OfÏcer (Revenue) on 31.05.2021. The applicant along with the relevant documents have informed the deficiency in the stock verification on account of technical defect of not uploading the distribution in the Online Portal 5 have made an application along with relevant documents to the Sub Divisional OfÏcer. The applicant has filed an afÏdavit before the Sub-Divisional OfÏcer (Revenue) Tilda, District Raipur that on account of Corona Virus, he has distributed the Food Articles to the Ration Card holder properly, but on account of scarcity of time it could not be uploaded in the Tablet and the application has been submitted on 08.07.2021 prior to the present reply, wherein he has submitted the soft copy of the particular showing the article being distributed properly. They further submits that on 16.01.2024, the Sub Divisional OfÏcer issued a memo to the applicant to deposit Rs. 14,73,300/- till 23.01.2024 or else his property would be attached in the RRC Proceeding. On 10.12.2024, the applicant wrote an application to Additional Secretary Food Civil Supplies and Consumer Protection Department and informed that it is only on account of the technical fault of not entering the data in the Tablet the amount that has been distributed is not been seeing online portal, whereas if the beneficiaries of the Ration Shop No. 442004042 would be inquired it would be clarified that all the beneficiaries have received the ration for the month of April, May & June. Accordingly, they prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that from perusal of the case diary, it appears that the applicant/accused is alleged to have conspired with other co-accused and committed embezzlement. Specifically, as the Sarpanch of Gram Panchayat Manth, Tehsil 6 Khadgawan, the accused allegedly misappropriated Ration supplies, including 466 quintals of rice, 7.21 quintals of salt, and 7.21 quintals of sugar, valued at approximately Rs. 14,73,300/-. The accused failed to distribute these essential supplies to the intended beneficiaries, thereby causing financial losses to both the government and the beneficiaries. Accordingly, he is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the present applicant being a Sarpanch of Gram Panchayat, Manth, and the allegation levelled against him that he along with co- accused have caused financial losses to the govt. as well as beneficiaries. However, it appears that the applicants have filed an afÏdavit before the Sub-Divisional OfÏcer (Revenue) Tilda, District- Raipur that on account of Corona pendemic, he has distributed the food articles to the Ration Card holder properly, but on account of scarcity of time it could not be uploaded in the Tablet, wherein he has submitted the soft copy of the particular showing the article being distributed properly thus, this Court is of the view that the present applicant is entitled to be released on anticipatory bail. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Surendra Kumar Gendre, on executing a personal bond with one surety in the like sum to the 7 satisfaction of the arresting OfÏcer, 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 his adhaar card along with a coloured 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. Sd/- (Ramesh Sinha) Chief Justice Kunal