Madhya Pradesh High Court
Rakesh Giri Goswami vs The State Of Madhya Pradesh on 30 September, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
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THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No.43571/2021
Applicant:- Satendra Singh @Bacchu S/o Ravindra Singh Rajawat,
Age-33 years, Occupation-Labourer,
R/o- Amrut Nagar, Near Khatu Shyam Temple,
District-Dewas (M.P.)
Versus
Respondent:- State of M.P. through P.S. Bank Note Press,
District-Dewas (M.P.)
M.Cr.C. No.41307/2021
Applicant:- Rakesh Giri Goswami, S/o Ramesh Giri Goswami,
Aged-38 years, Occupation-Business,
R/o-1, Gopal Rao Ghadge Nagar, Dewas (M.P.)
Versus
Respondent:- State of M.P. through P.S. Bank Note Press,
District-Dewas (M.P.)
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For Applicant (s) : Mr. Surendra Tuteja,
For Respondent (s) : Ms. Mamta Shandilya, G.A.
ORDER
Indore, Date: 30.09.2021 :
These bail applications M.Cr.C.No.43571/2021 is the first bail application under section 439 of Cr.P.C. on behalf of the applicant Satendra Singh @ Bacchu and M.Cr.C. No.41307/2021 is the repeat third bail application filed under section 439 of Cr.P.C. on behalf of the applicant Rakesh Giri Goswami in connection with Crime No.83/2021 registered at police station- Bank Note Press District- Dewas for the offence punishable under sections 420, 269, 272, 273 of Indian Penal Code & sections 26(2)(i), sections (2)(ii), 51 and 59 of Food Safety & Standard Act, 2006. These applicants are in custody since 30.01.2021. (2). The earlier bail application of applicant-Rakesh Giri Goswami in M.Cr.C. No.41307/2021 was dismissed as infructuous on 27.05.2021 passed in M.Cr.C.No.23118/2021 and Second bail application of the applicant was dismissed on 15.07.2021 passed in M.Cr.C.No.29327/2021. (3). As per the prosecution story, on 30/01/2021, the police intercepted
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the vehicle bearing registration no. MP-41-LA-2811 loaded with milk cans. This co-accused Abhishek was found in the vehicle along with the driver, who disclosed his name as Dilip Rathore and other person disclosed his name as Abhishekh Goswami. Prima facia, the police found the milk to be adulterated. Accordingly, they were arrested and their memo under sections 27 of the Indian Evidence Act was recorded. In their memo, they disclosed that Rakesh Giri Goswami (applicant in M.Cr.C. No.41307/2021) is having a dairy and from where these cans were loaded. The police searched the premises of Rakesh Giri and seized chemical and milk. Samples were taken and sent to FSL, Bhopal. The applicant- Satendra Singh@ Bacchu has been implicated in this case on the basis of the memo statement of Rakesh Giri Chouhan recorded under Section 27 of the Evidence Act. After receiving the FSL report, the police filed the charge sheet.
(4). Learned counsel appearing for applicant- Rakesh Giri Goswami in M.Cr.C. No.41307/2021 submits that he is doing business of milk in the name "Shri Milk Corner" and got registered under the Shop and Establishment Act. So far as adulteration is concerned, FSL report is on record, in which, none of the chemical as alleged i.e. Nitrate and Glucose chemical, were found in the milk. As per the report dated 12/02/2021, the milk was found to be sub-standard only. He further submits that the applicant is not the owner of the milk. The investigation is over and challan has been filed. There is no complainant in this case to lodge a report of cheating under section 420 of IPC. The rest of the offences are bailable offences. In such circumstances, learned counsel prays that the applicant be released on bail.
(5). Learned counsel appearing for Satendra Singh@ Bacchu in M.Cr.C. No.43571/2021 submits that he has been made accused in the case only on the basis of memorandum statement of Rakesh Giri Goswami recorded under section 27 of the Evidence Act. According to him this applicant has provided glucose chemical to Rakesh Giri Goswami for Rs.7,000/- and Rs.5,000 in total Rs.12,000/- but there is no recovery from him. The co-
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accused person has been granted bail by this Court. No further custodial interrogation of this applicant is required. Under these circumstances, he prays for grant of bail to applicant.
(6). Learned Govt. Advocate for the respondent/State opposes the bail applications by submitting that applicants Satendra Singh@ Bacchu and Rakesh Giri Goswami were in jail in respect of theft of milk. Satendra Singh@ Bacchu introduced Rakesh Giri Goswami with Sanjay Sharma (co-accused) for providing glucose chemical. Sanjay Sharma provided glucose chemical from Morena and for which payment was made.
Satendra Singh@ Bacchu collected the chemical and provided it to Rakesh Giri Goswami. The offence is serious in nature however, as per the FSL report the milk was found sub-standard. The chemical was used for increasing the fat in the milk.
(7). Considering the facts and circumstances of the case, without commenting on the merits of the case, the bail applications filed by the applicants are allowed. The applicant-Satendra Singh@Bacchu and applicant- Rakesh Giri Goswami are directed to be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent sureties each of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during the trial with a condition that they shall remain present before the Court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C. It is made clear that in case of bail jump this order shall become ineffective. (8). Before releasing the applicant from the custody the trial Court shall verify the criminal antecedent of the applicants and jail authorities are also directed to medically examine them in order to rule out the possibility of Covid-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.
( VIVEK RUSIA ) JUDGE Ajit AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, KAMALAS 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed 6cba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D6 1A1EE901C09EF29, ANAN serialNumber=7F0BEE2D78BD57DA058F3247 441C87E7E0817FB61F5E2ABCAEE63CAAA7B3 B9FF, cn=AJIT KAMALASANAN Date: 2021.10.04 16:52:48 +05'30'