Madhya Pradesh High Court
Ashok Kumar Gupta vs The State Of Madhya Pradesh on 29 November, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 MCRC-58025-2021
The High Court Of Madhya Pradesh
MCRC No. 58025 of 2021
(ASHOK KUMAR GUPTA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 29-11-2021
Dr. Rashmi Pathak, learned counsel for the applicant.
Shri V. S. Choudhary, learned Panel Lawyer for the respondent State.
This is the first application under Section 438 of the Code of Criminal Procedure for grant of bail.
Applicant is apprehending his arrest in connection with Crime No.311/2021, registered at Police Station Rajnagar District-Chhatarpur for the offence punishable under Sections 3/7 of the Essential Commodities Act, 1955 and 7/3 of the Fertilizer (Control) Order, 1985 read with Section 420 of the Indian Penal Code.
Counsel for the applicant submitted that there is no incriminating material against the applicant. Only on the basis of statement of Agriculture Extension Officer, applicant has been made accused in the case. It is submitted that applicant is doing his business in accordance with the policy of the Central Government. On such grounds, counsel for the applicant prays for anticipatory bail.
Co uns el appearing for State has opposed the application. It is submitted by him that one Rajendra Yadav has given specific statement that he had purchased one bag of fertilizer from applicant Ashok Kumar Gupta by paying Rs. 1500/- i.e. Rs. 300/- excess over the price fixed by the Government. No other incriminating material is available against the applicant.
Heard learned counsel for the parties.
Considering that only allegation against the applicant which is found in the case diary is regarding selling of bag of fertilizer on excess price, bail application filed by the applicant is allowed.
It is ordered that in the event of arrest of the applicant in connection with the aforesaid crime number and the offence, he be released on bail on his Signature Not SAN Verified furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Digitally signed by ARVIND KUMAR DUBEY Date: 2021.11.30 10:48:41 IST 2 MCRC-58025-2021 Only) with one solvent surety in the like amount to the satisfaction of the Investigating Officer/Arresting Authority. He will appear before the Investigating Agency or the trial Court as and when required.
Applicant will further abide by the conditions enumerated in sub- section (2) of Section 438 of the Code of Criminal Procedure.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE DUBEY/-
Signature SAN Not Verified Digitally signed by ARVIND KUMAR DUBEY Date: 2021.11.30 10:48:41 IST