Jalsho vs State Of Chhattisgarh on 27 May, 2025

Chattisgarh High Court

Jalsho vs State Of Chhattisgarh on 27 May, 2025

Author: Ramesh Sinha

Bench: Ramesh Sinha

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Digitally signed by
NADIM MOHLE
                                                                    2025:CGHC:22381



                                                                                    NAFR

                      HIGH COURT OF CHHATTISGARH AT BILASPUR


                                       MCRC No. 4121 of 2025

Jalsho W/o Ramesh Panna Aged About 26 Years Resident Of Village Kaljiwa, P.S.

Kamleshwarpur, Tahsil Mainpath, District Sarguja Chhattisgarh

                                                                               ... Applicant
                                                 versus
State       Of        Chhattisgarh    Through-    Station   House   Officer,   Police   Station

Kamleshwarpur, District Sarguja (C.G.).                               ... Non-applicant



For Applicant                  :     Mr. Ravipal Maheshwari, Advocate
For State                      :     Mr. R. S. Marhas, Additional Advocate General


                            Hon'ble Mr. Ramesh Sinha, Chief Justice
                                          Order on Board
27/05/2025



    1.

The applicant has preferred this First Bail Application under Section 483

of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular

bail, as she has been arrested in connection with Crime No. 67/2024,

registered at Police Station – Kamleshwarpur, District – Surguja (C.G.)

for the offence punishable under Sections 420, 409, 317 read with 34 of
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the Indian Penal Code (for short, IPC) and 3 & 7 of the Essential

Commodities Act.

2. The case of the prosecution, is that a government fair price shop

situated at Kaljiva (ID No. 392008034) was operated by Balram Kerketta,

who also serves as the Chairman of the Committee, along with Jalsho

Panna (present applicant), the Vice-President of the same committee.

On a public complaint regarding irregularities in the distribution of

food grains under the Public Distribution System (PDS), an inquiry was

conducted by the authorities and it was found that 32 ineligible ration

card holders were falsely shown in official records as having received

two months’ rice, whereas, only one month’s rice was distributed to

them and total 6.30 quintals of rice were recorded as distributed online,

but the same quantity was not actually delivered to the beneficiaries.

On the basis of inquiry report, an FIR was registered under Sections

420, 409, and 34 of the IPC, along with Section 3/7 of the Essential

Commodities Act against the accused persons.

3. It is argued by the learned counsel for the applicant that the applicant

is innocent and has falsely been implicated in this case and there is no

criminal antecedents registered against the present applicant. She is in

jail since 18.05.2025 and she has a 4 years old child. It is further

submitted that the charge-sheet has not been filed in this case and trial
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is likely to take quite long time for its conclusion, therefore, he prays for

grant of bail.

4. On the other hand, the learned State counsel opposed the bail

application and submitted that the accused is involved in a serious

offence of criminal breach of trust, where government food grains

meant for poor people were misused; thus, the instant bail application

is liable to be rejected.

5. I have heard learned counsel for the parties and perused all of the

documents available on record.

6. Taking into consideration the facts and circumstances of the case,

nature and gravity of allegation levelled against the applicant and the

fact that there is no any criminal antecedents registered against the

present applicant, charge-sheet has not been filed against the

applicant, the applicant is in jail since 18.05.2025; she is carrying a four

year’s old child who is also in jail with her and conclusion of the trial is

likely to take some time, I am inclined to allow this application.

7. Let applicant, Jalsho, involved in Crime No. 67/2024, registered at

Police Station – Kamleshwarpur, District – Surguja (C.G.) for the offence

punishable under Sections 420, 409, 317 read with 34 of the Indian

Penal Code & 3 & 7 of the Essential Commodities Act, be released on

bail on her furnishing a personal bond with two sureties in the like sum
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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 sufficient cause,
the trial court may proceed against her under Section 269
of BNS.

(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 with law, under
Section 209 of BNS.

(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
sufficient 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. Office is directed to send a certified copy of this order to the trial Court

for necessary information and compliance forthwith.

Sd/-

(Ramesh Sinha)
Chief Justice

NADIM