Satish Kumar vs State Of Madhya Pradesh

Dinesh Kumar Paliwal, J

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.417/2023, dated 18.07.2023 registered at Police Station-Barela, District-Jabalpur (M.P.) for commission of offence punishable under Section 3/7 of the Essential Commodities Act, 1955 r/w 409 of IPC. Applicant is in detention since 04.10.2023.

As per the prosecution story, applicant was the manager/salesmanof the Fair Price Shop (3301012), Pipariya Khurd, Barela, Jabalpur. It is alleged that he by not distributing the food grains and other material committed irregularities. In physical verification of the shop, wheat, rice, sugar and salt worth Rs.18,07,770/- was found deficit. F.I.R. was registered. After investigation, charge-sheet has been filed.

3 . Learned counsel for the applicant has submitted that applicant is in detention since 04.10.2023. He has not committed any offence. He is innocent. He has been falsely implicated. After investigation, charge-sheet has been filed. Therefore, it is prayed that the applicant may be released on bail pending the trial.

4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant.

5 . In this case, after investigation, charge-sheet has already been filed. Therefore, having taken into consideration all the facts and circumstances of the case including the fact that trial of the case will take considerable time, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6 . It is directed that applicant - Satish Kumar be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty 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 437(3) of Cr.P.C.

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

Certified copy as per rules.