Satish vs State Of M.P

Subodh Abhyankar, J

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. He is apprehending his arrest in

connection with Crime No.429/2021 registered at Police Station Annapurna, District Indore (MP) for offence punishable under Sections 420, 406, 409

and 120-B of IPC and Sections 3/7 of Essential Commodities Act, 1955.

The allegation against the applicant is that he being the Chairman of the Society was running a Fair Price Shop situated at Usha Nagar Main, Indore

wherein huge quantity of unaccounted food grains, namely, 62 quintal of wheat and 13 quintal of rice were found in excess, whereas 5 quintal salt and

213 litres of kerosene were also found, despite it was shown as not available in stock Senior Counsel for the applicant has submitted that the applicant

has been falsely implicated in the case and is governed by Madhya Pradesh Sarwajanik Vitaran Pranali (Niyantran) Aadesh, 2015 which is complete

Code in itself and also provides for such contingency. Senior Counsel has drawn the attention of this Court to Clause 16 of the same, which provides

for prosecution where the quantity of goods is found to be 10% more than the monthly allotment. It is further submitted that the offence under

Sections 3/7 of the Essential Commodities Act is a bailable offence and no case is made out so far as Sections 420, 406, 409/120-B of IPC is

concerned. Thus, it is submitted that the applicant against whom there is no criminal antecedent, be released on anticipatory bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that no case for grant of anticipatory bail is made out

as in the connected M.Cr.C. No.316 of 2022, which was allowed by this Court it has also been observed that the main allegations are against the

present applicant only.

On due consideration of submissions, perusal of the case- diary as also the earlier order passed by this Court in the case of Rohit Vs. State of M.P.

passed in M.Cr.C. No.316 of 2022 dated 07.01.2022 this Court finds no force in the submissions as advanced by the Senior Counsel for the applicant

and considering the fact that huge quantity of food grains and other essential items, namely, Salt and Kerosene were found in excess, which indicates

towards the proposed black marketing of the same, this Court is not inclined to allow the present application as the custodial interrogation of the

present applicant appears to be necessary.

Accordingly, the application is dismissed.