Neeraj Shivhare vs State Of Madhya Pradesh

Achal Kumar Paliwal, J

This is forth bail application filed on behalf of the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The applicant is in custody since 22.03.2025 in connection with Crime No.228/2025 registered at P.S.-Barela, District-Jabalpur (M.P.) for the offence punishable under Section 318(4), 316(5), 61(2)(a) of BNS and Section 3 and 7 of Essential Commodities Act.

As per the prosecution story, allegation against the present applicant is that he alongwith co-accused person committed misappropriation of paddy of 5907 quintals whose supporting price was Rs. 1,35,86,100/-. On the basis of which, offence was registered against the applicant and co-accused person under aforesaid sections.

Learned Senior counsel for the applicant submits that applicant is innocent and has been falsely implicated. It is further submitted that present applicant is the Manager. His only role was to appoint agents. It is further submitted that procurement agent is appointed not by him but by another officer, thereafter, Surveyor is appointed by the Collector and on block level, a person is appointed by the Collector to check the quality of the paddy which is procured. It is further submitted that in this case, present applicant has neither procured the paddy nor he has released it from the warehouse. He further stated that vehicle from which the paddy was transported, was issued on signature of the Uparjan Kendra Prabhari. Gate way pass was issued on signature of the Civil Supplies Manager. There is no role of present applicant in the whole process. It is further submitted that in a similar type of the offence registered as crime no.274/2025, 273/2025 and crime no.87/2025, other co-accused persons have been enlarged on bail by the co-ordinate Bench of this Court. On above grounds, it is urged that on the ground of parity, applicant be released on bail.

On the other hand, learned counsel for the State has opposed grant of bail

Looking to overall facts and circumstances of the case, I deem it proper to release the applicant on bail. Consequently, fourth bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Soft copy of this bail order immediately/forthwith be sent to applicant through concerned Jail Superintendent.

Certified copy as per rules.