Madhya Pradesh High Court
Balveer Singh Bhadoriya vs The State Of Madhya Pradesh on 13 March, 2020
Author: Anand Pathak
Bench: Anand Pathak
THE HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.10828/2020
Balveer Singh Bhadoriya Vs. State of M.P.
Gwalior Bench Dated : 13-03-2020
Shri Awdesh Singh Bhadoriya, learned counsel for the
applicant.
Shri Ravindra Sharma, learned Public Prosecutor for the
respondent/State.
With consent heard finally.
This is the first application preferred by the applicant under Section 438 of Cr.P.C. wherein he is apprehending his arrest in a case registered at Crime No.49/2020 at Police Station Phoop District Bhind for the offence under Sections 420, 272, 273/34 of IPC.
It is submitted by learned counsel for the applicant that false case has been registered against the applicant. It is further submitted that applicant is 71 years old and infirm person and he has no role to play in the said incident. The only allegation against the applicant is that the house from where articles have been seized, belongs to him. Further applicant is not found on the spot at the time of alleged raid. Applicant is reputed citizen of the locality and confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in investigation and would make himself available as and when required by the investigating officer. Consequently, he prayed for bail of anticipatory nature.
Learned Public Prosecutor for the respondent/State opposed the prayer and submitted that from the house of applicant, several chemicals/powders were seized like Maltodextrin powder 873 kgs., Mahakosh Refined Soybean Oil 188 liters, Raw Palmolein Oil 450 THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.10828/2020 liters, Hydrogen peroxide 178 liters, 20 bottles of Ayur Brand Shampoo. All these chemicals were being used for contaminating milk for earning profit, therefore, he was playing with the human lives. Thus, his case cannot be considered lightly and prayed for dismissal of bail application.
Heard learned counsel for the parties and perused the case diary. From perusal of case diary, it is clear that the allegation levelled against the applicant is virtually a crime against the Nation and Society. Several chemicals (harmful for consumption) have been seized from the house of the applicant in which he resides. Report in relation to articles recovered from the house of the applicant is awaited. Nature of offence requires custodial interrogation of the applicant. So far as the ground of old age of the applicant is concerned, since the offence alleged against the applicant is in relation to affecting the health of public, therefore, no leniency can be shown towards applicant. Other co-accused persons are absconding, therefore, looking to the nature of allegation, chance of tampering of evidence cannot be ruled out.
Considering the overall facts situation of case and the allegations levelled in the present case, this Court is not inclined to grant benefit of anticipatory bail to the applicant. Accordingly, the bail application is hereby dismissed.
(Anand Pathak) Judge Anil* Digitally signed by ANIL KUMAR ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH CHAURASIY COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, A 2.5.4.20=8512f40a1a9eaa50b6802d068 b51dae27e84c266b09d283f0799e67cd c7df50f, cn=ANIL KUMAR CHAURASIYA Date: 2020.03.16 11:42:53 -07'00'