Vijay Singh vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard. Perused the case-diary.

2] This is the first application filed by the applicant under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.345/2025 registered at Police Station Sardarpur, District Dhar for the offence punishable under Section 3/7 of Essential Commodities Act, section 5,9(b),1(b) of Explosive Act & section 287, 303(2) of the BNS,2023.

3] The allegation against the applicant is of his involvement in the aforesaid offence wherein 800 litres of diesel was seized from his restaurant with the intention to sell the same in the open market.

4] Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as the diesel was not seized from his conscious possession and there is nothing on record to suggest that the applicant was the owner of the restaurant or he runned the same. It is further submitted that there are no criminal antecedents against the applicant; thus, it is submitted that the custodial interrogation of the applicant is not necessary, and the anticipatory bail application be allowed.

5] Counsel for the respondent/State has opposed the prayer, and it is submitted that looking to the huge quantity of diesel seized, no case for grant of anticipatory bail is made out.

6] Having considered the rival submissions and on perusal of the case diary, and considering the fact that the ownership/possession of the restaurant is disputed and that the applicant was not found present at the time of seizure of the diesel, and that there are no criminal antecedents, this Court is inclined allow the present application as the custodial interrogation of the applicant under the facts and circumstances of the case does not appear to be necessary.

7] Accordingly, without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

8] However, it is directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, which shall decide the same in accordance with law.

9] Accordingly, MCRC stands allowed.