Raigarh Chhattisgarh v. State of Chhattisgarh Through
Case Details
1 2025:CGHC:35853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5795 of 2025 Somati Sidar W/o Vijay Sidar Aged About 50 Years R/o Village Kandagarh, P.S. Pusour, Dist.- Raigarh Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - P.S. Pusour, Dist.- Raigarh, Chhattisgarh ... Non-applicant For Applicant
Legal Reasoning
: Mr. Mayank Chandrakar, Advocate. For Non-applicant/State. : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.25 11:41:47 +0530 24.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 168/2025 registered at Police Station Pusour, District – Raigarh (C.G.), for the offences punishable under Section 409 R/w Section34 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act. 2. As per the prosecution story, a written complaint was made by the Assistant Food Inspector, Pusour, stating that at the Public Distribution Centre, Village Kandagarh, the Secretary, namely 2 Krishnachand Karsh, the Sarpanch, Smt. Somati Sidar, and other co- accused persons, namely Prashant Seth, Gaurhari Nishad, and Tikeshwar Seth, misappropriated 232.38 quintals of rice, 14.53 quintals of sugar, and 1,369 liters of kerosene. It is further stated that the present applicant was elected as the Sarpanch of Village Kandagarh on 15.02.2015, and in the year 2017, she was removed from the said post through a no-confidence motion. She was again elected to the same post in February 2018. It is further stated that during her tenure, in the months of June and July 2018, from ID number 412002075 belonging to the PDS Centre, Kandagarh, 232.38 quintals of rice, 14.53 quintals of sugar, and 1,369 liters of kerosene, totaling around Rs. 5,25,055/-, were misappropriated, and the staff register was not properly maintained. Therefore, a crime under the aforementioned offences has been committed. After receiving the complaint, the concerned police registered a case against the present applicant as well as other co-accused persons, and the investigation is ongoing. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the ingredients of the offences punishable under Section 409 of B.N.S. and Sections 3 and 7 of the Essential Commodities Act are missing in the instant case, as there is no involvement of the present applicant. He further submits that none of the essential commodities have been found in possession of the present applicant; rather, the entire system of the PDS was being conducted and controlled by the co-accused Panchayat Secretary, namely Krishnachand Karsh. He also submits that a bare perusal of 3 the FIR itself reveals that the main allegations are against the co- accused Krishnachand Karsh, and the applicant, being the Sarpanch at the time of the alleged misappropriation, has been implicated due to political reasons. He submits that the co-accused Panchayat Secretary has already submitted his afÏdavit before the concerned Tahsildar, stating that there is no involvement of the present applicant in the entire case. A copy of the afÏdavit along with the covering letter received on July 5, 2023, is filed herewith as Annexure A/3. He also submits that the applicant is aged about 50 years and is a widow lady, and she has been languishing in jail since 08.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has not been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the main allegations are against the co-accused, namely Krishnachand Karsh, and the applicant, being the Sarpanch at the time of the alleged misappropriation, has been implicated due to political reasons, moreover, the fact that though the charge-sheet has not been submitted before the competent Court in the present case, the applicant is aged about 50 years and is a widow lady, and she has been languishing in jail since 08.07.2025, conclusion of the trial may 4 take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Somati Sidar, involved in Crime No. 168/2025 registered at Police Station Pusour, District – Raigarh (C.G.), for the offences punishable under Section 409 R/w Section34 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance 5 with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek