Mohan Dhobi And Others vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Heard with the aid of case diary.

2 . T his is first application filed under Section 438 Cr.P.C seeking anticipatory bail, as the applicants are apprehending their arrest in connection with Crime No.113/2022 registered at Police Station Unnav, District Datia for the offence punishable under Sections 420, 409 of IPC.

Prosecution case in brief is that the applicants and co-accused person namely Kamal Kishore @ Banti Dhobi, all R/o Village Kamad were engaged in the business of purchase and sale of grains for the last 7-8 years. In between 25.3.2022 to 25.4.2022 they took wheat and other grains total amounting about Rs.50,00,000/- from the complainant and other farmers on loan and did not pay the consideration amount to them.

4 . Learned counsel for the applicants submits that as per prosecution case itself applicants took the grains from the complainant and other farmers on loan, therefore, ingredients of Sections 409 and 420 of IPC do not attract in the matter. It has nowhere been mentioned that how much grains were taken by the applicants from the complainant or other farmers. He further submits that it has been alleged against the applicants that they along with other co-accused persons took the grains from Rampal, Maharaj Singh Rajak, Rajkumar Dangi, Mahesh Goswami, Rajaram Pal, Desraj @ Bhajju and Maniram Prajapati but all of the above witnesses have submitted their affidavit stating therein that in the year 2022 they did not sell any grains to the applicants. Learned counsel for the applicants has filed affidavits of aforesaid persons in support of his submission. The dispute apparently appears to be of civil in nature. Applicants' custodial interrogation is not required. Trial will certainly take time to conclude therefore, under such circumstances, applicants are entitled for grant of anticipatory bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the applicants and other co-accused persons took grains from the complainant and other farmers amounting Rs.50,00,000/-. Offences alleged against them are of serious in nature, therefore, the applicants are not entitled to be enlarged on anticipatory bail.

6 . Having considered the rival submissions, material pointed out by learned counsel for the applicants, nature of allegations alleged against the applicants so also the contents of the FIR and other facts and circumstances of the case, without commenting on the merits of the case, the application is allowed.

It is directed that in the event of arrest of the applicants, they shall be released on bail upon their furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety in the like amount each to the satisfaction of the Arresting Officer for their appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

M.Cr.C. stands disposed of, accordingly.

Certified copy, as per Rules.