Rajkumar Pathak vs The State Of Madhya Pradesh on 14 June, 2022

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Madhya Pradesh High Court

Rajkumar Pathak vs The State Of Madhya Pradesh on 14 June, 2022

Bench: Nandita Dubey

                                                                          1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                             ON THE 14th OF JUNE, 2022

                                                 MISC. CRIMINAL CASE No. 25729 of 2022

                                       Between:-
                                       RAJKUMAR PATHAK S/O RAMSUNDAR PATHAK, AGED
                                       ABOUT 45 YEARS, OCCUPATION: SALESMEN GOVT.
                                       FAIR SHOP, TIWARGAMA, NAIGARHI R/O VILLAGE
                                       JUDMANIYA MURLI, P.S. NAIGARHI, DISTRICT REWA
                                       (MADHYA PRADESH)

                                                                                                        .....PETITIONER
                                       (BY SHRI A.K. MISHRA, ADVOCATE )

                                       AND

                                       THE STATE OF MADHYA PRADESH THROUGH POLICE
                                       STATION LAOR, DISTRICT REWA (MADHYA PRADESH)

                                                                                                      .....RESPONDENT
                                       (BY MS. PRIYANKA MISHRA, GOVERNMENT ADVOCATE)

                                    T h is application coming on for admission this day, t h e cou rt passed the
                         following:
                                                                      ORDER

This is the first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.156/2022 registered at Police Station Laor, District Rewa for the offences punishable under Section 409 of the IPC and Section 3/7 of the Essential Commodities Act.

As per the prosecution case, the present applicant was a Salesman in Government Fair Shop, Tiwargama, Naigarhi, District Rewa. It is alleged that on inspection by one Signature Not Verified SAN Neelam Upadhyay, Junior Supply Officer, the stock was found less in quantity. On the Digitally signed by ASHISH KOSHTA Date: 2022.06.14 17:31:00 IST basis of this allegation, the FIR was registered against the present applicant and the co-

accused persons.

The contention of learned counsel for the applicant is that he has been falsely implicated. Referring to Annexure A-3, which is filed along with this application, it is stated that the applicant was given charge on 29.01.2022 and on the same day, the inspection was conducted. It is stated that as per Annexure A-3, the POS machine was not working properly, hence it was showing a difference in the stock. It is stated that no opportunity was given to the applicant to show the stock manually in the Register. It is further submitted that the offence under Section 3/7 of the Essential Commodities Act is bailable offence and he is ready to abide by all the terms and conditions as may be imposed by this Court and also ready to cooperate in the investigation/enquiry.

Considering the aforesaid, without adverting into the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2 . The applicant will make himself available as and when called for interrogation and cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise Signature Not Verified to any person acquainted with the facts of the case so as to dissuade him from disclosing SAN such facts to the Court or to the Police Officer, as the case may be;

Digitally signed by ASHISH KOSHTA Date: 2022.06.14 17:31:00 IST

4. The applicant will not seek unnecessary adjournments during trial;

5 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 6 . If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE ak Signature Not Verified SAN Digitally signed by ASHISH KOSHTA Date: 2022.06.14 17:31:00 IST

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