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Judgment
Subodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is
apprehending his / her arrest in connection with Crime No.309/2021 registered at Police Station Kukshi, District Dhar (MP) for offence punishable
under Section 3 read with Section 7 of Essential Commodities Act, 1985, under Section 3 of the Seeds (Control) Order, 1983 and also under Section
420 of the Indian Penal Code, 1860.
The allegation against the applicant is that he was involved in the aforesaid offence whereby 329 packets of cotton seeds were seized from one
Dinesh s/o Shivram Patidar from Dhulsar Bus Stand.
Counsel for the applicant has submitted that it is alleged that aforesaid cotton seeds were obtained from the present applicant only and thus a memo to
this effect has been prepared under Section 27 of the Evidence Act of co-accused Dinesh.
Counsel has submitted that under the similar circumstances, Dinesh's father Shivram s/o Radheshyam Patidar has already been granted bail by this
Court in Miscellaneous Criminal Case No.25919/2021 and as such, the applicant is also entitled to be released on bail on the ground of parity itself.
Counsel has submitted that even otherwise, the applicant is ready to cooperate with the investigation and has no criminal record and if he is arrested,
irreparable loss shall be occasioned to him and also to his family members. Thus, it is submitted that the applicant be released on anticipatory bail.
Counsel for the respondent / State on the other hand has opposed the prayer. However, it is not denied that the name of the applicant is surfaced on
account of memo prepared by other co-accused persons and there is no further evidence available on record against the present applicant.
Having considered the rival submissions and on perusal of the case diary, this Court finds forced with the contentions raised by the counsel for the
applicant, in the considered opinion of this Court, the custodial interrogation of the applicant in the present facts and circumstances of the case, is not
required.
In view of the aforesaid, this Court finds it expedient to allow the present application for grant of anticipatory bail on the ground of parity.
Accordingly, this application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail, upon his/her executing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) and furnishing solvent surety in the like amount to the satisfaction of the
Arresting Officer (Investigating Officer).
The applicant shall make himself/herself available for interrogation by a Police Officer, as and when required. The applicant shall further abide by the
other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
It is also observed that after his / her release on bail, if the applicant is found in any criminal activities, the present bail order shall stand automatically
cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
Accordingly, Miscellaneous Criminal Case No.28259/2021 stands allowed.
Certified copy as per rules.