Bhavalsai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 716 of 2015 Bhavalsai S/o Ramkaran Aged About 45 years, caste Gond, working as Samiti Prabandhak Govindpur, R/o Village Narola, Police Station Ramkola, District Surajpur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Ramkola, District Surajpur Chhattisgarh.

---- Respondent For Applicant - Ms. Neha Verma, Advocate For Respondent/State - Mr. Manish Nigam, Panel Lawyer Order On Board 14/08/2015 Heard.

1.

The applicant is apprehending his arrest in connection with Crime No.15/2015 registered at Police Station Ramkola, District- Surajpur (C.G.) for alleged commission of offence under Section. 420 of IPC read with Section 3 & 7 of the Essential Commodities Act. 2.

Allegation is that in the ration shop, which was under the charge and supervision of the applicant, upon physical verification, huge quantity of rice and sugar was found missing and short.

3.

Learned counsel for the applicant submits that the applicant was only a supervisory authority and the shop was actually be run by the salesman. If the salesman has committed any embezzlement and misappropriated the stock, at the most, the applicant can be held liable for disciplinary action.

4.

On the other hand, learned State counsel opposes prayer for grant of anticipatory bail and submits that when complainant were received from the beneficiaries, enquiry was conducted by the Sub-Divisional Officer under the direction of the Collector and the SDO has prima facie found the involvement of the applicant and salesman both in embezzlement of the

stock meant for Public Distribution System. In view of the nature of allegation against the applicant, I am not inclined to grant anticipatory bail to the applicant. 5.

The bail application is rejected.

Sd/- Manindra Mohan Shrivastava J U D G E Rekha