Madhya Pradesh High Court
Yogesh Kumar Agarwal vs The State Of Madhya Pradesh on 5 December, 2014
1
M.Cr.C.No.9555/2014 (Yogesh Kumar Agarwal Vs. State
of M.P.)
05.12.2014.
Applicant by Shri Indar Asthana, Advocate.
Respondent No.1/State by Shri J.P. Sharma, PL.
Respondent No.2 by Shri Harish Sharma, Advocate. The case is listed today for admission. Heard on the bail application.
This is first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.
The applicant is apprehending his arrest in connection with Crime No.1573/2014 registered at Police Station City Kotwali, District Guna for the offences punishable under Sections 6A, 7B, 13(1)(D) of Seed Act (Beej Adhiniyam) 1966 & Seed Control Order 1983 & 3/7 EC Act 1955 Section 418, 420 of IPC.
As per the prosecution case, it is alleged that the complainant has filed a private complaint before the Chief Judicial Magistrate Guna alleging that the complainant who is the Seed Inspector reached the shop of the accused and inspected the seeds and taken the sample of the Soya seeds and sent to Seed Testing Laboratory and in the test report it was found that the germination of the seeds was 20% in place of 70%.
Learned counsel for the applicant submits that applicant has not committed any offence. He has falsely been implicated in this case. There is no possibility of his 2 M.Cr.C.No.9555/2014 (Yogesh Kumar Agarwal Vs. State of M.P.) absconsion. Therefore, on these grounds learned counsel for the applicant prayed for grant of anticipatory bail.
The prayer is opposed by learned Panel Lawyer. Considering the facts and circumstances of the case and there is no likelihood of absconsion of the applicant, but without expressing any view on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicant shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in sub- section (2) of Section 438 of Cr.P.C.
This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court.
C.C. as per rules.
(Sushil Kumar Gupta) Judge bj/-