Madhya Pradesh High Court
Banwarilal Sharma vs The State Of Madhya Pradesh on 15 October, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
NEUTRAL CITATION NO. 2024:MPHC-GWL:17755
1 MCRC-40950-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 15 th OF OCTOBER, 2024
MISC. CRIMINAL CASE No. 40950 of 2024
BANWARILAL SHARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Bal Krishna Sharma - Advocate for the applicant.
Shri Dinesh Savita - Panel Lawyer for the State.
ORDER
This is first application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail relating to FIR No. 39/2023 registered at Police Station - Govardhan, District Shivpuri (M.P.) for the offence under Sections 420, 409 of IPC and Sections 3/7 of Essential Commodities Act.
2. Learned counsel for the applicant/accused argued that applicant is innocent and has been falsely implicated. It is further submitted that the alleged act levelled against the applicant is under the provisions of Essential Commodities Act, therefore, provisions of Section 409 of IPC do not attract in this matter. The offence under section 3/7 of Essential Commodities Act is bailable in nature. It is further submitted that in the light of order dated 07/05/2015 & 31/01/2024 passed in M.Cr.C. No. 2914/2015 (Santosh Sahare vs State of M.P.) & M.Cr.C. No.2573/2024 (Narendra Singh Dhakad Vs. State of M.P.) respectively, the applicant is entitled to get the benefit of anticipatory bail. Further argument is that applicant is ready and willing to abide by all the terms and conditions which may be imposed by this Court while granting anticipatory bail. Applicant is permanent Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 10/16/2024 11:36:55 AM NEUTRAL CITATION NO. 2024:MPHC-GWL:17755 2 MCRC-40950-2024 resident of District Shivpuri (M.P.), therefore, there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, prayed to allow the anticipatory bail application of the applicant.
3. Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection.
4. Heard learned counsel for the rival parties and perused the case diary available on record.
5. In view of 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 in the event of arrest , the applicant shall be released on bail on his executing a personal bond in the sum of Rs.100,000/-(Rupees One Lakh Only) with two local solvent sureties in the like amount to the satisfaction of the Arresting Officer/Investigating Authority.
6. The applicant shall further abide by other conditions enumerated under Section 438 (2) of the Code of Criminal Procedure and shall cooperate in the investigation otherwise this bail order shall automatically stand cancelled.
7. Certified copy as per rules.
(SUNITA YADAV) JUDGE VPN Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 10/16/2024 11:36:55 AM