Madhya Pradesh High Court
Vinay Singh Rajput vs The State Of Madhya Pradesh on 7 September, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 7th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 43067 of 2022
BETWEEN:-
VINAY SINGH RAJPUT S/O BHAGWAT SINGH
RAJPUT, AGED ABOUT 30 YEARS, OCCUPATION:
SALESMAN JORTALA SAMITI BHURI BIJORI
R/O VILLAGE BAKENI, P.S. PATHARIYIA
DISTRICT DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAHENDRA PATERIA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DAMOH DEHAT DISTRICT
DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SANTOSH YADAV, DY.GOVERNMENT ADVOCATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the first application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
T h e applicant is apprehending his arrest in connection with Crime No.44/2022 registered at Police Station Damoh Dehat District Damoh, for the offence punishable under Sections 409 of IPC and Sections 3 and 7 of Essential Commodities Act.
Signature Not Verified SANIt is submitted by counsel for the applicant that the present applicant is a Digitally signed by SUSHMA KUSHWAHA salesman in a fair price shop, but at the relevant point of time fair price shop Date: 2022.09.08 11:15:31 IST 2 was being run by somebodyelse and applicant was in jail in another offence registered against him. He submits that though the offence under Section 409 of IPC has been registered against the applicant, but the same is not made out. He submits that other accused person has been granted benefit of Section 438 of Cr.P.C. He further submits that in some of the cases this Court has held that offence registered under Section 3/7 of Essential Commissdities Act is bailable. On these grounds, he prays for grant of bail to the applicant.
O n the other hand, counsel for State has opposed the prayer of anticipatory bail, read over the case diary and enquiry report in which the charge of financial irregularity of Rs.3,83,190/-has been alleged against him.
Considering the overall facts and circumstances of this case and the fact that offence registered under Section 3/7 of Essential Commodities Act is bailable and other accused persons have been granted bail, this court deems it appropriate to enlarge the applicant on anticipatory bail. Therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.
The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.
Certified Copy as per rules.
Signature Not Verified (SANJAY DWIVEDI) SAN Digitally signed by SUSHMA KUSHWAHA JUDGE Date: 2022.09.08 11:15:31 IST sushma 3 Signature Not Verified SAN Digitally signed by SUSHMA KUSHWAHA Date: 2022.09.08 11:15:31 IST