Madhya Pradesh High Court
Gopal Narayan Urmaliya vs The State Of Madhya Pradesh on 21 June, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 21st OF JUNE, 2022
MISC. CRIMINAL CASE No. 23957 of 2022
Between:-
GOPAL NARAYAN URMALIYA S/O SHRI DADAN
PRASAD URMALIYA , AGED ABOUT 59 YEARS,
OCCUPATION: GOVERNMENT SERVANT
(SOCIETY MANAGER) VILLAGE JUGUNHAI
POLICE STATION RAIPUR KRCHULIYAN
DISTRICT REWA M.P. (MADHYA PRADESH)
.....PETITIONER
(BY MR. MANISH DATT, SR. COUNSEL WITH MR. SIDDHARTH K.
SHARMA, ADV.)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION MANGAWAN DISTRICT REWA
M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY MR. VED PRAKASH TIWARI, GOVT. ADVOCATE)
This application coming on for advocate this day, the court passed the
following:
ORDER
T his is 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.190/2022, registered at Police Station Mangawan, District Rewa(M.P.) for offence punishable under Sections 406, 409, 34 of the Indian Penal Code.
Signature Not Learned Sr. Counsel appearing for the applicant submitted that seller at SAN Verified Digitally signed by fair price shop is responsible for every work register and stocks. Seller and his NEETI TIWARI Date: 2022.06.21 16:58:43 IST 2 assistants distribute ration to villagers. Manager has no role in distribution and for keeping the record of stocks. Only duty of applicant is to keep supervision over fair price shop. No articles of food or ration is entrusted to the applicant. Said articles and items are entrusted to salesman, who distribute it to the beneficiaries. Applicant has only been made accused in the case as he failed to do proper supervision. Applicant does not have any role and no offence under Section 406 and 409 of IPC is made out against the applicant. On these grounds, prayer is made to grant anticipatory bail to the applicant.
Govt. Advocate appearing for State that though seller is responsible for selling the ration and materials to the customers and beneficiaries but embezzlement and distribution of less ration to beneficiaries cannot be made without knowledge and information to Manager. Manager is hand in glove with the salesman, therefore, applicant is also equally responsible for committing breach of trust. Applicant is a public servant, therefore, offence under Section 409 is attracted in the case. In these circumstances, he prayed for dismissal of anticipatory bail application.
Heard learned counsel for the parties.
On going through allegations, which are made in case diary, there is allegations that less ration has been distributed, POS machines was not used, ration was measured by mechanical means and not by electronic weighing measures, proper stocks and register was not maintained. It has also been stated that fingerprints of beneficiaries was taken but ration was not distributed.
Considering the facts and circumstances of the case, it appears that there is irregularity on the part of fair price shop in distribution of ration. No case of Signature SAN Not Verified black-marketing or selling the produce is made out by the prosecution.
Digitally signed by NEETI TIWARI Date: 2022.06.21Applicant is not directly involved in distribution of ration, bail application is 16:58:43 IST 3 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 furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
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
nd
Signature
SAN Not
Verified
Digitally signed by
NEETI TIWARI
Date: 2022.06.21
16:58:43 IST