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Judgment
9 paragraphs · 336 wordsSanjay Dwivedi, J
This is first application on behalf of applicants under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
Applicants are apprehending their arrest in connection with Crime No. 146/2022 registered at Police Station Bhedaghat, District Jabalpur for the offences punishable under Sections 406, 409, 34 of the Indian Penal Code and Section 3/7 of the Essential Commodities Act.
Learned counsel for the applicants submit that applicant Jitendra Tiwari is a Businessman and applicant Vinod Kumar Patel is a Salesman of the Fair Price Shop. They submits that a false case has been registered against the applicants alleging that the food-grains were allotted to the Fair Price Shop for distributing the same among the ration card holders, weaker section of the society, but instead of doing so, the said food-grains were unloaded and stored in a place, which was not assigned for the said purpose and the food-grains were sold in the open market. They submit that on the basis of the said allegation, the offence has been registered against the applicants. They submit that an enquiry was conducted by the Food Officer in the matter and it was found that the said allegations are not correct.
Per contra, learned counsel for the respondent-State has opposed the bail application and submitted that as per the nature of offence registered against the applicants, they are not entitled to get the benefit of Section 438 of Cr.P.C.
Considering the overall circumstances of the case, without commenting anything on merit of the case, this application is allowed.
It is directed that in the event of arrest, the applicants be released on bail upon their furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one solvent surety of the like amount each to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.
It is further directed that the applicants shall abide by the conditions enumerated in Section 438 (2) Cr.P.C.
Certified copy as per rules.