GYANESH SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has filed this application under section 438 of Cr.P.C. for grant of anticipatory bail. He is apprehending his arrest in Crime No. 229/09 registered at Police Station Maharajpura, district Gwalior, for the offence under section 420 and 188 of IPC.

(2.) It is submitted that the allegation against the applicant is for sale of some mis-branded Ghee, which was found in his possession in the Industrial area at Maharajpura, on which basis this case has been registered. IT is further submitted that the District Administration has also taken action for the detention of the applicant under National Security Act but subsquently that order has been recalled by the Competent Authority. The offence registered against the applicant under section 420 IPC is triable by JMFC whereas the offence under section 188 IPC is bailable. Similarly there is nothing on record in the investigation that as to which person has been cheated by the applicant by selling the aforesaid stored Desi Ghee. In that case prima facie no case is made out for the offence punishable u/s. 420 IPC. Similarly, the prosecution has also not submitted any order, for which disobedience the case under section 188 IPC has been registered. Therefore, if no prima facie case is proved against the applicant and applicant is ready to cooperate with the further investigation, hence prayed for grant of anticipatory bail to the applicant.

(3.) Section 188 of the Indian Penal Code relates to disobedience to order duly promulgated by public servant. SECTION 188 requires that if any person willfully disobeys an order promulgated by public servant, then he may be punished in accordance with law. In the present, not even in a single matter, the order issued by/promulgated by public servant has been brought on record." The facts of the aforesaid cases are identical to the facts of the present case. In this case also the allegation against the applicant is for storing Desi Ghee for sale. Looking to the aforesaid finding given by division bench for present application filed on behalf of the applicant deserves to be allowed. Resultantly, the application filed on behalf of the applicant is allowed and it is directed that in case of arrest of the applicant in the crime No. 229/09 by Police Station Maharajpura for offence u/Ss. 420,188 of IPC the applicant be released on bail, on his furnishing personal bond of Rs. 1,00,000/- (Rupees One Lac Only) with two solvent sureties of Rs. 50,000/- each to the satisfaction of the arresting officer, with the condition that he shall cooperate with the investigation and shall also remain present as and when called by the investigating Officer. This order will be operative for a period of 45 days, during which he is free to move regular bail application before the Competent Court. A copy of the order he sent to the Court concerned, Police Station. Lawyer for State.