Madhya Pradesh High Court
Virendra Kumar Chaturvedi vs The State Of Madhya Pradesh on 22 August, 2017
MCRC-13697-2017
(VIRENDRA KUMAR CHATURVEDI Vs THE STATE OF MADHYA PRADESH)
22-08-2017
Shri Atul Anand Awasthy, learned counsel for the
applicants.
Ms. Sharda Dubey, P.L. for the respondent/State.
Heard with the aid of case diary.
This is the first application under Section 438 of Cr.P.C. as the applicants apprehend their arrest in connection with Crime No.317/2015 registered at Police Station Ram Nagar, District Satna (M.P.) for the offences punishable under Sections 420 and 3/7 of the Essential Commodities Act, 1955 and Sections 4,7,19 and 21 of The Fertilizer (Control) Order 1985.
As per prosecution story, on 21/10/2015, complainant Rohini Prasad Bais gave an information on mobile phone to Ramashankar, Senior Agriculture Officer, Block Ramnagar District Satna that the applicants, who are employees of Sewa Sahkari Samiti Maryadit, Mankisar, Tahsil Amarpatan, Distt. Satna and are responsible for the distribution of Fertilizer and other materials in the aforesaid Samiti, committed irregularity in Fertilizer distribution and provided less quantity of fertilizers than the prescribed quantity to the farmers. On that R.D. Mishra, Senior Agriculture Development Officer, Block Ram Nagar, Distt. Satna, and other officers conducted the inquiry in which they found that while distributing the fertilizer to the agriculturists , the applicants gave 3-3.5 Kgs. of D.A.P. (fertilizer) less in each bag of 50 Kgs. and on inspection, it was also found that the mouth of the bags were stitched with red thread by machine and two machines and threads were also seized from the nearby premises of office of the society and six bags were also found stitched and 12 bags were found open and it was suspected that the same was done by the present applicants and it was further suspected that some fertilizer had been stolen by the applicants. After enquiry, they gave the report to S.D.O. Ramnagar and on his instruction, Ramashankar lodged the report at P.S. Ramnagar. On that report, police registered Crime No.317/2015 under Section 402 of the IPC and Section 3/7 of the Essential Commodities Act.
Learned counsel for the applicants submits that after registering the offence against the applicants, they had filed an application before Superintendent of Police, Satna on which the Tahsildar was requested to hold an inquiry against the present applicants and in the inquiry, the Tahsildar found the allegations leveled against the applicants to be false. The Tahsildar also mentioned in the report that it was found that among the nine farmers, who were found to have got less quantity of fertilizer, in the past enquiry, there was no supply of any fertilizer by the applicant to three of them. The applicants are innocent and have falsely been implicated in this matter. They are ready to cooperate in the investigation and trial. The applicants do not have any criminal past. In the event of arrest, their reputation will be ruined. Under these circumstances, applicants pray for anticipatory bail.
Learned counsel for the respondent/State opposes the prayer.
Looking to the second report of the Tahsildar, Ramnagar, Distt. Satna dated 9/11/2015 and other facts and circumstances of the case, the Court is of the considered view that it is a fit case to allow the applicantâs anticipatory bail. Therefore, without expressing any view on the merits, this application is allowed. It is directed that in the event of arrest of applicants by the Police in the aforesaid crime, they shall be released on anticipatory bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety in the like amount to the satisfaction of the trial Court for their regular appearance before the Police during the investigation or before the Court during trial.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond executed by him;
2. The applicants will cooperate and make themselves available for investigation/trial, as the case may be;
3. The applicants will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which he is accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned Station House Officer for compliance.
C.C. as per rules.
(Rajeev Kumar Dubey) Judge m/-
(RAJEEV KUMAR DUBEY) JUDGE m/-