Ganesh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is the first bail application filed on behalf of the applicant/accused under Section 482 of B.N.S.S. for grant of anticipatory bail apprehending his arrest in connection with Crime No.20/2025, registered at Police Station Betul Bazar, District Betul (M.P.) for the offences punishable under Sections 316(2), 351(2), 3(5) of B.N.S.

As per the prosecution story, on 25-10-2024, the applicant Ganesh Revatkar and co-accused Ramesh Rathore and Rajesh Choure fraudulently took maize worth 6,70,250/- from Badora Mandi in Truck No. MH-40 CM-5094, promising payment on 28-10-2024, which was never made. When payment was demanded, the accused allegedly threatened the complainant with death and stopped responding. Therefore, the offence has been registered against the present applicant under aforesaid sections.

Learned counsel appearing for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. Counsel for the applicant submits that the prosecution case is that applicant along with another co-accused had taken 50 kg maize but did not make the payment of Rs.6,70,250/- to the complainant. He argued that the allegations are of civil nature which has been given the color of criminal case. There is no need of custodial interrogation of the applicants. In these circumstances, applicants may be granted anticipatory bail.

On the other hand, learned counsel for State has opposed the grant of anticipatory bail to the applicant and prayed for it's rejection.

After hearing learned counsel for the parties, this Court finds that the allegations prima facie does not make out a criminal case but a civil/ contractual liability. Looking to the facts and circumstances of the case, without commenting anything on the merits of the case, the anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police then he shall 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 each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority subject to further condition of depositing 50% of liability before the trial Court. The said amount shall be kept by the Trial Court in fixed deposit in Nationalized Bank which shall be subject to final conclusion of the trial.

Applicant shall abide by the following conditions under Section 482 (2) of B.N.S.S.:-

(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;

(b) He shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) He shall not leave India without the previous permission of the Court;

(d) He shall not commit similar offence, of which, he is accused or suspected.

(e) He will further abide by the condition enumerated in sub-section (3) of Section 480 of the B.N.S.S.

Certified copy as per rules.