Madhya Pradesh High Court
Chandrapal Singh vs The State Of Madhya Pradesh on 17 December, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
NEUTRAL CITATION NO. 2024:MPHC-GWL:22972
1 MCRC-53273-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 17th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 53273 of 2024
CHANDRAPAL SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Sanjay Kumar Bahirani - Advocate for the applicant.
Mr. Harish Sharma - Dy. Govt. Advocate for the respondent / State.
ORDER
This is first application filed by the applicant under Section 483 of B.N.S.S. for grant of bail relating to Crime No. 93 of 2024 registered at Police Station - Bamorkalan, District - Shivpuri (M.P.) for the offence under Section 3/7 of Essential Commodities Act r.w. Section 409 of IPC.
Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He is in custody since 11.11.2024. After conclusion of investigation, charge-sheet has been filed, therefore, there is no requirement of further custodial interrogation of the applicant. It is further argued that till December, 2021, the fair price shop was fun by Sewa Sahakari Samiti Jhaloni of which present applicant was Salesman and, thereafter, the said shop was given to Prathmik Vanopaj Sahakari Sanstha Silpura and at the time of allotment of shop, complete charge of shop along with food articles was given by the applicant to Manager and Salesman of Signature Not Verified Signed by: ALOK KUMAR Signing time: 12/18/2024 10:29:53 AM NEUTRAL CITATION NO. 2024:MPHC-GWL:22972 2 MCRC-53273-2024 Vanopaj Sahakari Sanstha Silpura. Since January, 2022 till date of inspection i.e. 07.4.2024, i.e. for almost three years, the fair price shop was being run by Vanopaj Sahakari Sanstha Silpura and during this period, neither any complaint has been made in respect to pending / missing stock on the AEPDS portal nor any demand was made about the pending / missing articles at any point of time. It is further argued that Section 409 of IPC has been enhanced just to make the offence non-bailable as Section 3/7 of Essential Commodities Act is a bailable offence. Applicant was also not the custodian of the food articles. Further argument is that applicant is permanent resident of District - Shivpuri (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.
Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.
Heard learned counsel for the rival parties and perused the case diary available on record.
Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
Signature Not Verified Signed by: ALOK KUMAR Signing time: 12/18/2024 10:29:53 AMNEUTRAL CITATION NO. 2024:MPHC-GWL:22972
3 MCRC-53273-2024
i) The applicant will comply with all the terms and conditions of the bond executed by him/her;
ii) The applicant will cooperate in the investigation/trial, as the case may be;
iii) The applicant will not indulge himself/herself 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;
iv) The applicant will not commit any other offence or will not repeat the offence in future;
v) The applicant will not seek unnecessary adjournments during the trial; and
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
(SUNITA YADAV) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 12/18/2024 10:29:53 AM NEUTRAL CITATION NO. 2024:MPHC-GWL:22972 4 MCRC-53273-2024 Signature Not Verified Signed by: ALOK KUMAR Signing time: 12/18/2024 10:29:53 AM