Smt. Tarabati Singh vs State of Madhya Pradesh & Others

M.Cr.C.No.23754/2017, has been filed by applicant - Rashmi D/o. Janakiprasad Nigam, under the provisions of Section 438 of Cr.P.C. She

is apprehending her arrest in connection with Crime No.447/2017, registered at police station - Pitampur, for the offence punishable under

Sections 420, 406, 408, 409, 477(a) and 120-B, IPC and under Section 66 and 72 of Information Technology Act.

M.Cr.C.No.26151/2016, has been filed by the applicant (Devdatt Pandiya S/o. Natvarlal Pandiya), who has been implicated in Crime

No.447/2017, registered at police station Pithampur for the offence punishable under Sections 420, 406, 408, 409, 447A, 120B, IPC and under

Section 66 and 72 of Information Technology Act. He is in custody since 9.11.2012.

As per case diary, Applicant - Rashmi Nigam, is concerned, she was working as Executive in Symbiotec Pharmalab Pvt. Ltd. Co., Pithampur.

The allegation against her is that the said company manufactured (steroids and hormones), for which the said company has developed its own

technology and the applicant has transferred the data / formula regarding making of medicine illegally through E-mail and provided to the

competitive company named as Balaji Steroids and Hormones Pvt. Ltd. Company

Learned Senior counsel for the applicant has submitted that at the time of filing of this application, applicant was young unmarried woman aged

27 years. Her marriage was fixed on 23.11.2017. She filed an application for grant of interim anticipatory bail. The Coordinate Bench of this court

vide order dated 23.11.2017, granted interim relief and directed that till the next date of hearing police authorities will not resort to any coercive

process as regards arrest of the applicant. The aforesaid order continued till today.

Learned Senior counsel for the applicant has further submitted that till today she has not misused the liberty granted by this court. He further

submitted that the applicant was working as vice President of the Company and neither there is direct allegation against the applicant nor prima

facie material is found against her in the above mentioned crime. She is a permanent resident of Indore and is ready to furnish adequate security

and shall also abide all the terms and conditions, which may be imposed.

In respect of applicant - Devdatt Pandiya, who has filed an application under Section 439 of Cr.P.C, for grant of regular bail, learned counsel

for the applicant submits that he in custody since 9.11.2017. His custodial interrogation has been made and looking to the nature of allegation

made against him, his prayer for grant of regular bail be allowed and he be released on bail.

Learned public prosecutor and learned counsel for the objector opposed the prayer for grant of anticipatory bail to applicant - Rashmi and

regular bail to applicant - Devdatt and submits that chemical formula for manufacturing drugs deceitfully and dishonestly transferred to Balaji

Steroids and Hormones Pvt. Ltd Company by the accused. The complainant company has developed the said formula after long drawn highly

innovative and technical process in research and development (R&D) in which the complainant company has put in almost 15 years and/or through

technology purchased after payment of Crores of rupees. The research and development activity of the complainant company are approved by

competent authority vide Annexure 0-1. The complainant company has obtained license/certificate for manufacture of such drugs from Food and

Drugs Administration of Madhya Pradesh. The products of the complainant company have also been approved by American Food and Drug

Administration and European GMP (Good Manufacturing Practice) on the basis of formulas evolved, procedure of manufacturing and facilities of

manufacturing and this is one of the big reason for the accused persons to transfer details of technology as they have received ready-made recipe

approved by America and Europe and other countries and adaptable without any further efforts otherwise.

He further submitted that it is not possible to develop and setup such facilities only on the basis of text books and data found on internet. To the

knowledge of the complainant such chemical formulas are not comonly found in any text book or on internet nor such instances have been

disclosed by the accused in application and prayed for rejection of the application for grant of bail.

To counter the aforesaid, learned counsel for the applicant has submitted that such formula are commonly found in the books and criminal case

is registered on the basis of documents and letters / e-mail by which confidential details have been transferred by the accused persons and the

whole case is based on documentary evidence. There is no purpose to keep the applicant Devdatt in custody and reiterated his prayer for grant of

bail.

On due consideration of the above conspectus of factual and legal discussion, I am of the considered view that in the given facts and

circumstances, the nature of accusation and the quality of prosecution evidence that has come on record and there being no possibility of applicants

fleeing from justice, applicant - Rashmi D/o. Janakiprasad Nigam is entitled to the benefit of anticipatory bail under Section 438 of Cr.P.C.,

subject to certain stringent conditions as enumerated infra.

It consequently directed that in the event of arrest, the applicant (Rashmi D/o. Janakiprasad Nigam) shall be released on bail upon her

depositing Rs.5.00 lacs (Rs. Five Lacs only) as cash security in the trial court and on furnishing a personal bond of Rs.2,00,000/- with two solvent

sureties of the like amount to the satisfaction of the Arresting Authority. This order will remain operative subject to compliance of the following

conditions by applicant - Rashmi :-

(i) The applicant will comply with all the terms and conditions of the bond executed by him;

(ii) The applicant will cooperate in the investigation/trial, as the case may be;

(iii) The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

(iv) The applicant shall not commit an offence similar to the offence of which he is accused;

(v) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

(vi) The applicant shall mark her appearance at the concerned Police Station once every week till conclusion of investigation.

(vii) Applicant shall keep the Investigating Authority informed of his out-station movements.

(viii) Applicant may apply for regular bail under the provisions of Section 439 of Cr.P.C within a period of thirty days before the competent court

from the date of this order.

In respect of application for grant of regular bail of applicant - Devdatta Pandya, who is in custody since 9.11.2017 and no more interrogation

from him is required, without expressing any opinion on merits of the case, the application for grant of bail is allowed and it is directed that the

applicant - Devdatt Pandiya son of Natvarlal Pandiya, be released on bail upon his depositing Rs.5.00 lacs (Rs. Five Lacs only) in cash as security

in the trial court and on furnishing a personal bond in the sum of Rs.2,00,000/- with two local sureties in the like amount to the satisfaction of the

concerned JMFC/CJM for his appearance before him or trial Court, as the case may be on each and every date of hearing fixed in this behalf by

the Court concerned during trial. This order will remain operative subject to the compliance of the following conditions :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will co-operate in the trial/investigation, as the case may be;

The applicant will not indulge himself in extending inducement, threat to the prosecution witnesses or promise to any person acquainted with the

facts of the case, so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will mark his presence at police station - Pithampur, Dist. Dhar (M.P.), twice in a month till the trial is completed.

The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Consequently, M.Cr.C.No.23754/2017 and M.Cr.C.No.26151/2017, are allowed and disposed of.

A copy of the said order be sent to the concerned trial court for its compliance. Certified copy as per rules.