RAMPRASAD VAISHYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Sec. 482 of BNSS, 2023 for grant of anticipatory bail in connection with crime No.1122/2025, registered at P.S. - Waidhan District - Singrauli for offences punishable under Ss. 3/7 of Essential Commodities Act and under Sec. 316(5) of BNS 2023.

(2.) As per prosecution case it is alleged that upon verification and matching of the stored foodgrains with the stock recorded in the POS machine, it was found that there was a shortage of 15.15 quintals of wheat, 61.66 quintals of rice, and 0.03 quintals of sugar as compared to the actual stock. As a result of the shortage of stock, the accused, being the seller of fair price shop, misappropriated foodgrains worth Rs.1,85,997.00. During the investigation, the Deputy Commissioner, Co-operative Department, District Singrauli, exercising powers under Sec. 87 of the Madhya Pradesh Cooperative Societies Act, 1960, along with the rules and bye-laws framed thereunder, held that any person exercising such powers or authorized to exercise such powers shall be deemed to be a public servant within the meaning of Sec. 21 of the Indian Penal Code. Accordingly, since the accused is an employee of a cooperative society, he has been considered to fall within the ambit of a public servant, and therefore Sec. 316(5) of the BNS has been added to the case, which pertains to criminal breach of trust by a public servant in respect of property entrusted to him. From the perusal of the case diary, it is evident that Sec. 316(5) of the BNS was added to the case on 12/12/2025. Crime No.1122/25 was registered against the accused by Police Outpost Waidhan under Sec. 3 read with Sec. 7 of the Essential Commodities Act.

(3.) Counsel for the applicant submits that initially the applicant was granted anticipatory bail. However, as per the directions passed by the Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273, after the investigation and filing of the charge-sheet, the applicant has been arrested.