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Judgment
Since all these Misc. Criminal Cases have arisen from the same Crime Number (Crime No.433/2019), they have been analogously heard and are being disposed of by this common order.
These are the first anticipatory bail applications under Section 438 of Cr.P.C filed on behalf of applicants, who are apprehending their arrest in connection with Crime No.433/2019 registered at Police Station Bina, District Sagar, for the offences punishable under Sections 409 and 411 of the Indian Penal Code.
As per prosecution story, on 25.08.2019 at about 10:15 pm Project Officer posted in Bal Vikas Pariyojna, Bina has raided the house of applicant Sushil Kumar Budholiya situated at Veer Sawarkar Ward, under the jurisdiction of Police Station Bina, District Sagar and seized 46 bags of nutritional food (Poshan Ahar) which were supplied by the Government for the distribution of the same in Anganwadi Center of the area. On enquiry, it was found that applicant Prahlad Raghuvanshi, who was the Godown-In-Charge and applicant Ku. Sandhya Khare, who was the Anganwadi Worker with intention to misappropriate the same and tried to shift the same in the house of applicant Sushil Kumar Budholiya. The District Programme Officer has lodged the FIR against the applicants, on that basis, crime under the aforementioned offence has been registered against the applicants.
Learned counsel for the applicants has submitted that the applicants have not committed any offence and they have falsely been implicated in the crime. It is also submitted that the applicants have no criminal antecedents. It is also submitted that the applicants are permanent residents of the addresses shown in the applications and they are ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. In view of the aforesaid, a prayer has been made to enlarge the applicants on anticipatory bail.
Per-contra, learned Panel Lawyer for the respondent-State opposes the anticipatory bail applications.
On perusal of the case diary, it appears that the value of seized nutritional food was not shown in the FIR. Most of the bags are shown to be recovered from the Auto which was parked in front of the house of applicant Sushil Kumar Budholiya. It also seems that there is no enquiry report which shows that any stock of stored nutritional food was found to be missing from the Godown.
Keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the applicants and looking to the allegations made against the applicants, in the opinion of this Court, applicants deserve the benefit of anticipatory bail.
Consequently, these first applications for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf of applicants are allowed.
It is directed that in the event of their arrest, they shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.30,000/- and a solvent surety each in the like amount 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.
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