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Judgment
20 paragraphs · 375 wordsSanjay Dwivedi, J
This is the second application on behalf of the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The first
one was dismissed as withdrawn vide order dated 01.12.2020 passed in M.Cr.C. No.33214/2020. The applicant is apprehending his arrest in
connection with Crime No.119/2020 registered at Police Station Bijawar, District Chhatarpur, for the offence punishable under Section 3/7 of the
Essential Commodities Act, 1955.
Learned counsel for the applicant submits that it has already been held by the Benches of this Court that the offence under Section 3/7 of the Act,
1955 is a bailable offence, despite that the authorities are not treating the offence as bailable offence and are considering the same as a non-bailable
offence. He has filed the orders of Indore and Gwalior Benches of this Court passed in M.Cr.C. Nos.26957/2020, 11754/2021 and 40511/2019
wherein it has been held that the offence under Section 3/7 of the Act, 1955 is a bailable offence.
Miss Khare, on the other hand has opposed the bail application and submits that although the legal position in regard to the said offence is clear but as
per the report of the Investigating Officer, this is the applicant who is not available and is absconding, therefore, they are not in a position to further
investigate the matter.
Considering the aforesaid, without commenting anything on the merits, I am inclined to consider and allow this bail application.
Accordingly, the same is allowed subject to condition that as and when the Investigating Officer requires the presence of the applicant, a notice from
the Investigating Officer be given to the applicant and the applicant would keep himself available for investigation and would assist the
Investigating Officer in respective investigation which is being done and pending in respect of Crime No.119/2020.
It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand) with one solvent surety of the like amount to the satisfaction of Station House Officer/Arresting Officer of the Police Station concerned.
The applicant shall also abide the conditions enumerated in Section 438(2) of the Code of Criminal Procedure.
Certified copy as per rules.